Virginia Fire & Marine Insurance v. Saunders

Citations

• 84 Va. 210
• 4 S.E. 584
• 1887 Va. LEXIS 24

Syllabus

<p>'1. Practice at Common Law—Action on insurance policy—Declaration— Demurrer.—Declaration showing plaintiff's intention to proceed under the statute “ to simplify declarations in actions against insurance companies,” (Code 1873, ch. 167, 114,) is a good statutory declaration, even though largely following the form of a declaration in debt.</p> <p>2. Idem—Pleading—Conclusion—Special traverses.—It is the well established rule of pleading that where new matter is introduced, the pleading shall conclude with a verification. This rule applies as well to the plaintiff’s replication as to any other pleading, and the first clause of section 27, chapter 167, Code 1873, page 1093, providing that special traverses, or traverses with an inducement of new matter, shall conclude to the country, does not affect this rule.</p>