
    Gallego v. Moore.
    Monday, March 1st. 1813.
    Pleading and Practice — Several Pleas — General Replication— Effect,  — If the transcript of a record states that the defendant tendered “a plea in writing,” in hsec verba, (setting forth five pleas :)— “to which said, plea the plaintiff replied generally, and issue was joined between the parties;” this should be considered a general replication to all the pleas; and a repleader ought not to be awarded.
    
      
      Special Replication — Want of Joinder. — See extensive discussion in foot-note to Southside R. R. Co. v. Daniel, 20 Gratt. 344, containing an extract from Simmons v. Trumbo, 9 W. Va. 363, in which the principal case is cited. The principal case is also cited in Sweeney v. Baker, 13 W. Va. 216. I
    
   The following was delivered by Judge Roane, as the opinion of the court in this case, February 24th, 1813.

“In this case, in which the record states, that the appellee tendered “a plea in writing,” it appears that five several pleas are therein set out and contained; and the record proceeds, immediately subsequent to the last plea, in these words, viz. — “to which said plea the plaintiff replied generally ; and issue being joined between the parties,” &c.

“Although, under other circumstances, the court might doubt, whether this replication and issue extended to all the pleas aforesaid, yet the clerk, in introducing them, having considered them as one plea, as aforesaid, we are thereby sufficiently authorized to say, that the replication and issue before mentioned (in the singular number) is co-extensive therewith. Of course the court, (without deciding upon any other point occurring in the cause,) is of opinion that the judgment of the Superior Court, reversing that of the County Court, and, in effect, awarding a repleader, is erroneous, and should be reversed, and judgment entered upon the verdict in favour of the appellant.”

It was afterwards, during the same term, discovered that the appellee was dead ; whereupon this judgment was set aside, and the appeal abated.  