New trials may be granted upon the payment of costs, or with the costs to abide the event of the suit, as to the court may seem right. If the party who is to pay the costs of the former trial fail to pay the same at or before the next term after the new trial is granted, the court may, on the motion of the opposite party, set aside the order granting it and proceed to judgment on the verdict, or award execution for such costs, as may seem to it best. Where a case is continued at the costs of a party against the consent of the opposite party, the court may, in its discretion, award an execution for the costs of such continuance.
Structure West Virginia Code
Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements
§59-2-1. Suits by Persons Financially Unable to Pay
§59-2-4. Costs on Motions and Interlocutory Proceedings
§59-2-5. Payment of Costs on Granting of New Trial or Continuance
§59-2-6. Where Recovery of Damages Less Than Fifty Dollars in Action Ex Delicto
§59-2-7. Judgment Where Recovery Is Fifty Dollars or Less in Action Ex Contractu
§59-2-8. Costs on Final Judgment; Judgment For, or Discontinuance as To, Some of Defendants
§59-2-9. Costs When Original Papers or Record Replaced
§59-2-10. Suit by One Person for Benefit of Another
§59-2-12. Costs When Case Dismissed for Want of Jurisdiction
§59-2-14. Taxation of Statute Fees
§59-2-15. General Taxation of Costs
§59-2-17. Fees of Prosecuting Attorney