§56-4-30. Same -- Plea in abatement for defects in writ or return; variance from declaration; void process.
164 words·~1 min read·
/wv/chapter-56-pleading-and-practice/article-4-rules-and-pleading/56-4-30·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In other cases, a defendant on whom process summoning him to answer in any suit or action appears to have been served shall not take advantage of any defect in the writ or return, or any variance in the writ from the declaration, unless such defect or such variance be pleaded in abatement. And in the case of every such defect or such variance, whether the same shall be pleaded in abatement or not, the court may at any time permit the plaintiff to amend the writ or the declaration so as to perfect the writ or correct the variance, and may permit the return to be amended, upon such terms as to it shall seem just.
But nothing herein shall deprive a defendant of any right which he has by the common law to make a motion to quash process which is void; and if the process be a void process, the suit or action shall be dismissed upon motion of the defendant.