West Virginia § 56-4-39 Pleading several defenses; demurrer and special replications to special plea

West Virginia Statutes

§ 56-4-39 — Pleading several defenses; demurrer and special replications to special plea

West Virginia § 56-4-39

Ch. 56PLEADING AND PRACTICE

Art. 4RULES AND PLEADING

This text of West Virginia § 56-4-39 (Pleading several defenses; demurrer and special replications to special plea) 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 § 56-4-39 (2026).

Text

The defendant in any action or suit may plead as many several matters, whether of law or fact, as he shall think necessary, except that if he plead the plea of non est factum he shall not, without leave of the court, be permitted to plead any other plea inconsistent therewith. To any special plea pleaded by a defendant, the plaintiff may demur and in addition plead as many special replications as he may deem necessary.

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The defendant in any action or suit may plead as many several matters, whether of law or fact, as he shall think necessary, except that if he plead the plea of non est factum he shall not, without leave of the court, be permitted to plead any other plea inconsistent therewith. To any special plea pleaded by a defendant, the plaintiff may demur and in addition plead as many special replications as he may deem necessary.