West Virginia § 55-8-4 General issue in debt or assumpsit on sealed instrument

West Virginia Statutes

§ 55-8-4 — General issue in debt or assumpsit on sealed instrument

West Virginia § 55-8-4

Ch. 55ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE

Art. 8ACTIONS ON CONTRACTS

This text of West Virginia § 55-8-4 (General issue in debt or assumpsit on sealed instrument) 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 § 55-8-4 (2026).

Text

The general issue in an action of debt on a sealed instrument shall be nil debet, and in an action of assumpsit on such instrument it shall be non assumpsit. It shall not be necessary in either case to plead non est factum, but any evidence admissible under a plea of non est factum may be given under the general issue, provided there be filed with such plea of the general issue the affidavit required by section forty-six, article four, chapter fifty-six of this code.

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The general issue in an action of debt on a sealed instrument shall be nil debet, and in an action of assumpsit on such instrument it shall be non assumpsit. It shall not be necessary in either case to plead non est factum, but any evidence admissible under a plea of non est factum may be given under the general issue, provided there be filed with such plea of the general issue the affidavit required by section forty-six, article four, chapter fifty-six of this code.