Grace Huang Barber, Administratrix of the Estate of Charles A. Barber v. Larry E. Barber and Rilda Sue Barber Call, No. 22805 (W. Va. October 16, 1995) (Miller, J.): 195 W.Va. 38, 464 S.E.2d 358:
In a battle between the decedent's wife, who was the plaintiff in a wrongful death action, and the decedent's ex-wife, to whom the decedent owed child support, over the proceeds of the decedent's mother's estate, the Court reversed a nunc pro tunc order modifying the wrongful death judgment to clarify that it intended to award the decedent's share of his mother's estate to the plaintiff, at least to the extent that it attempted to impose a lien upon the personal property in the estate, holding that (1) where a judgment is obtained under W. Va. Code § 38-4-8, the execution issued on it is known as a writ of fieri facias and, under W. Va. Code § 38-4-8, this writ becomes a lien upon the personal property, or the estate or interest therein, owned by the judgment debtor from the time the writ is delivered to the sheriff; (2) a suggestion is available to a judgment creditor, pursuant to W. Va. Code § 38-5-10, where some person is indebted or liable to the judgment debtor or has in his possession or under his control personal property belonging to the judgment debtor; and (3) a nunc pro tunc order must be based on some memorandum on the record relating back to the time it is to be effective and such order cannot be entered if the rights of the parties may be adversely affected.
Hayes Coonrod v. James B. Clark, individually and James B. Clark, d/b/a St. Albans Metal Works, Inc., and any other corporate entities solely controlled by James B. Clark, No. 21398 (W. Va. July 20, 1993) (Neely, J.): 189 W.Va. 669, 434 S.E.2d 29:
Although dismissing an appeal as untimely when it was not filed with the clerk of the circuit court within the four month appeal period, the Court held that where a judgment was rendered against a corporation without assets, the dismissal of a creditor's suit under W. Va. Code § 38-5-20 does not preclude an attempt to enforce the judgment through a suggestion proceeding against the sole stockholder using an alter ego or misnomer theory.