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Current as of January 01, 2024 | Updated by Findlaw Staff
A defendant in a suit in equity may, in his answer, allege any new matter constituting a claim for affirmative relief in such suit against the plaintiff or any defendant therein, in the same manner and with like effect as if the same had been alleged in a crossbill filed by him therein; and in such case, if the plaintiff or defendant against whom such relief is claimed desire to controvert the relief prayed for in the answer, he shall file a special reply in writing, denying such allegations of such answer as he does not admit to be true, and stating any facts constituting a defense thereto. But in case a defendant allege new matter in his answer upon which he relies for and prays affirmative relief, such defendant shall not file a crossbill in the same cause except upon condition of striking from his answer all such matter and prayer for affirmative relief as are contained in such crossbill.
Cite this article: FindLaw.com - West Virginia Code Chapter 56. Pleading and Practice § 56-4-58. Claim in answer for affirmative relief; special reply - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-56-pleading-and-practice/wv-code-sect-56-4-58/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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