When any judgment or decree shall be obtained against a sheriff or collector, or his sureties, or their personal representatives, for or on account of the default or misconduct of any such deputy, and shall be paid in whole or in part by any defendant therein, he or his personal representative may, on motion, obtain a judgment or decree against such deputy and his sureties, and their personal representatives for the amount so paid, with interest thereon from the time of such payment, and five percent damages on such amount.
Structure West Virginia Code
Chapter 6. General Provisions Respecting Officers
Article 3. Deputy Officers and Conservators of the Peace
§6-3-4. Judgment on Motion Against Officer or Deputy and Sureties
§6-3-5. Judgment on Motion by Officer Against Deputy and Sureties
§6-3-6. Payment by Officer or Sureties of Judgment for Default of Deputy; Remedies