Such order of publication shall be entered by the clerk in a suitable book kept by him for the purpose and signed by him and a certified copy of such order shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. Both the newspaper and the publication area shall be designated in the order of publication. When it shall appear that such order of publication has been duly published as aforesaid, the court may proceed to hear and decide such cause in the same manner as if such parties had been personally served with process: Provided, however, That the order of publication shall have been executed, as aforesaid, at least ten days before the day on which any such cause may be called for hearing.
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