§56-5-6. When special plea bar to relief in equity; nature of
If a defendant entitled to such plea as is mentioned in the
preceding section shall not tender it, or though he tender it, if
it be rejected for not being offered in due time, he shall not be
precluded from such relief in equity as he would have been entitled
to if the preceding section had not been enacted. If an issue in
fact is joined on such plea and the same be found against the
defendant, he shall be barred of relief in equity upon the matters
alleged in the plea, unless upon such ground as would entitle a
party to relief against a judgment in other cases. Every such
issue in fact shall be upon a general replication that the plea is
not true; and the plaintiff may give in evidence on such issue, any
matter, which could be given in evidence under a special
replication, if such replication were allowed.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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