When, by the return of any officer of process issued to answer any appeal, writ of error or supersedeas pending in the Supreme Court of Appeals of this state, or when, from affidavit filed with the clerk of said court, it shall appear that any appellee or defendant in error therein is a foreign corporation for which no statutory attorney-in-fact, officer, director or agent is found in this state upon whom service may be had, or is not a resident of this state, or that the name or place of residence of such party is unknown, so that process cannot be served upon him it shall be the duty of such clerk, upon application, to take and issue, on the first Monday in any month, an order of publication against such absent or unknown party or foreign corporation, requiring him or it to appear on a day to be designated in such order, to answer such appeal, writ of error or supersedeas and to have a rehearing of the whole matter therein contained.
Structure West Virginia Code
Chapter 56. Pleading and Practice
Article 3. Writs, Process and Order of Publication
§56-3-2a. Actions for Breach of Promise to Marry and for Alienation of Affections Prohibited
§56-3-3. Forms of Writs and Other Process
§56-3-4. Issuance of Process; Alteration
§56-3-5. To Whom Process Directed; Return of Process; Return of Summons for Witness
§56-3-7. Officer's Receipt of Process
§56-3-8. Proof of Mailing Process to Officer
§56-3-9. Service in Other County; Return
§56-3-10. Clerk's Receipt of Process Sent by Mail; Postage Due
§56-3-13. Service of Process or Notice on Domestic Corporations
§56-3-14. Service of Process or Notice on Foreign Corporations
§56-3-15. Service of Process or Notice on Common Carriers Other Than Corporations
§56-3-16. Execution of Process on Sunday
§56-3-17. Where Process May Be Executed
§56-3-18. When Officer May Summon Assistance; Failure to Assist
§56-3-19. Officer's Service and Return of Process; Failure to Make Proper Return; False Return
§56-3-20. Further Liability for Failure to Make Proper Return
§56-3-22. Judgment on Return Nihil
§56-3-23. Service by Publication Generally
§56-3-24. Contents of Order of Publication; Publishing
§56-3-25. Failure to Appear in Response to Publication; Trial or Hearing
§56-3-26. Rehearing in Case of Nonpersonal Service
§56-3-27. Order of Publication in Supreme Court of Appeals
§56-3-28. Requisites of Publication in Supreme Court of Appeals
§56-3-29. Rehearing in Supreme Court of Appeals