The plaintiff may accept such sum, either in full satisfaction and then have judgment for his costs, or in part satisfaction and reply to the plea generally and if issue thereon be found for the defendant judgment shall be given for the defendant and he shall recover his costs.
Structure West Virginia Code
Chapter 56. Pleading and Practice
§56-5-1. Payment Before Action Is Brought May Be Pleaded
§56-5-2. Payment Into Court After Action Is Brought
§56-5-3. Acceptance of Payment Into Court; Trial of Issue as to Residue
§56-5-4. Setoff Generally; Plea or Account of Setoff; Counter Setoff; Trial
§56-5-5. Special Pleas in the Nature of Pleas of Setoff; Verification
§56-5-6. When Special Plea Bar to Relief in Equity; Nature of Replication
§56-5-7. Application of Article to Voluntary Bonds or Deeds
§56-5-8. Setoff as to Part of Demand; Continuance
§56-5-9. Status of Defendant With Reference to Setoff; Verdict and Judgment