West Virginia § 55-4-10 Plea or demurrer; issue on plea; evidence admissible

West Virginia Statutes

§ 55-4-10 — Plea or demurrer; issue on plea; evidence admissible

West Virginia § 55-4-10

Ch. 55ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE

Art. 4EJECTMENT

This text of West Virginia § 55-4-10 (Plea or demurrer; issue on plea; evidence admissible) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 55-4-10 (2026).

Text

The defendant may demur to the declaration, as in personal actions, or plead thereto, or do both. But he shall plead the general issue only, which shall be that the defendant is not guilty of unlawfully withholding the premises claimed by the plaintiff in the declaration. Upon such plea, the defendant may give in evidence any matter which, if pleaded in the former writ of right, would have barred the action of the plaintiff.

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The defendant may demur to the declaration, as in personal actions, or plead thereto, or do both. But he shall plead the general issue only, which shall be that the defendant is not guilty of unlawfully withholding the premises claimed by the plaintiff in the declaration. Upon such plea, the defendant may give in evidence any matter which, if pleaded in the former writ of right, would have barred the action of the plaintiff.