Every material allegation of the bill not controverted by an answer, and every material allegation of new matter in the answer constituting a claim for affirmative relief not controverted by a special reply in writing, shall, for the purposes of the suit, be taken as true, and no proof thereof shall be required.
Structure West Virginia Code
Chapter 56. Pleading and Practice
§56-4-4. Continuance at Rules in Absence of Clerk
§56-4-5. What Rules May Require
§56-4-6. Time for Appearance; Rule to File Declaration; Nonsuit for Nonprosecution; Damages
§56-4-7. Dismissal for Failure to File Declaration or Bill
§56-4-8. Return to Show Defendant's Nonresidence; Abatement as to Nonresident Not Served
§56-4-9. Minors May Sue by Next Friend or Guardian; Substitution of Plaintiffs
§56-4-11. Transfer of Cases From Law to Equity and Vice Versa
§56-4-12. Abatement for Want of Form in Declaration
§56-4-13. Unnecessary Averments in Trespass on the Case
§56-4-14. Allegations of Place Where Contract Was Made or Act Done
§56-4-15. Averments as to Jurisdiction; Profert; Oyer
§56-4-16. Allegations Not Traversable nor Requiring Proof
§56-4-17. Form of Declaration or Count on Insurance Policy
§56-4-18. Filing Account in Assumpsit
§56-4-19. Statement of Particulars of Claim
§56-4-20. Statement of Particulars of Defense
§56-4-21. Plea in Action on Insurance Policy; Statement Specifying Particular Defense
§56-4-24. Right to Amend in General
§56-4-25. Amended Declaration or Bill, Supplemental Bill or Bill of Revivor in Vacation
§56-4-26. Amendment After Demurrer Is Sustained
§56-4-27. Amendment to Cure Variance Between Pleading and Proof
§56-4-28. Continuance and Costs After Amendment
§56-4-29. Plea in Abatement -- Misnomer; Amendment Inserting Correct Name
§56-4-31. Same -- Plea in Abatement for Want of Jurisdiction
§56-4-33. Same -- Time for Filing Plea in Abatement
§56-4-34. Misjoinder and Nonjoinder of Parties
§56-4-35. Verdict and Judgment as to Particular Defendants; Costs
§56-4-37. Defects Disregarded on Demurrer
§56-4-38. Pleading in Abatement and in Bar at Same Time; Trial of Issues
§56-4-39. Pleading Several Defenses; Demurrer and Special Replications to Special Plea
§56-4-40. Commencement of Plea
§56-4-41. Unnecessary Allegations in Pleas, etc.
§56-4-42. Omission of Protestation
§56-4-43. Conclusion of Traverse
§56-4-44. When Parties May Proceed Without Similiter or Joinder in Demurrer
§56-4-45. Unnecessary Allegations in Second or Other Plea
§56-4-46. Pleading Denying Execution of Writing or Entry or Genuineness of Judgment or Decree
§56-4-47. Plea Denying Partnership; Form of Denial of Corporate Existence
§56-4-48. Judgment or Decree by Confession
§56-4-50. When Inquiry of Damages Unnecessary
§56-4-51. Office Judgment; Affidavits by Plaintiff and Defendant; Judgment
§56-4-52. Setting Aside Office Judgment; Trial
§56-4-53. Hearing as to Defendants Served; Discontinuance
§56-4-54. Form of Bill of Complaint
§56-4-55. Jury Trial of Issue Upon Plea in Equity
§56-4-57. Time to Answer in General
§56-4-58. Claim in Answer for Affirmative Relief; Special Reply
§56-4-59. Answer Asking Affirmative Relief Equivalent to Crossbill
§56-4-60. Admissions in Equity by Failure to Deny
§56-4-61. Proof of Allegations Denied by Answer
§56-4-62. Verification of Pleadings in Equity
§56-4-63. Appearance of Corporation by Attorney; Verification of Pleading of Corporation
§56-4-64. Form of Verification of Pleading
§56-4-66. Attachment or Order to Answer Interrogatories
§56-4-67. Insufficient Answer After Rule
§56-4-68. Setting Cause in Equity for Hearing
§56-4-69. Hearing as to One Defendant; Rule to Mature Cause
§56-4-70. Control by Court Over Proceedings in Office During Vacation