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.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 8. Actions on Contracts
§55-8-1. Jurisdiction in Proceedings on Penal Bonds
§55-8-2. Action of Debt or Assumpsit on Note or Writing; Action of Debt for Any Past-Due Installment
§55-8-3. Action of Assumpsit for Breach of Contract
§55-8-4. General Issue in Debt or Assumpsit on Sealed Instrument
§55-8-5. Validity of Writing Payable to Person Dead at Time of Execution
§55-8-7. Action Against Makers, Drawers, Endorsers, Acceptors, Assignors or Absolute Guarantors
§55-8-9. Action by Assignee in Own Name; Defenses and Setoff; Joinder of Claims
§55-8-10. Assignee Entitled to Recover From Assignor; Defenses Allowed
§55-8-11. Limitation on Jurisdiction of Equity as to Suit by Assignee
§55-8-12. Third Party May Sue on Covenant or Promise Made for His Sole Benefit