The laws of costs shall not be interpreted as penal laws; nor shall anything in this article take away or abridge the discretion of a court of equity over the subject of costs, except that in every case in an appellate court costs shall be recovered in such court by the party substantially prevailing.
W. Va. Code § 59-2-11
Laws as to costs not deemed penal; discretion of court of equity as to costs; costs in appellate courts
Applied in 3 court decisions — leading case 205 W. Va. 665 - State Ex Rel. Canterbury v. Paul (1999)
Most recently applied in Quicken Loans, Inc. v. Lourie Brown and Monique Brown (November 2014)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.