
    Hunnicutt and Others v. Carsley.
    November, 1806.
    Covenant — Not Guilty — Verdict.—A plea of not guilty to an action of covenant is cured by a verdict.
    
      
      Pleading and Practice — Defective Pleas — Jeofails.-Where an improper or defective plea raises a substantial defence to the action, and it is unobjected to in the court below, and issue is thereon joined, after verdict or judgment, it is too late to object, the defect being cured by the statute of jeofails. State v. Seabright, 15 W. Va. 595, citing principal case, Cleek v. Haines, 2 Rand. 440, Chew v. Moffett. 6 Munf. 120. and Pence v. Huston, 6 Gratt. 304. To the same effect, see the principal case also cited with approval in Gray v. Kemp, 88 Va. 263, 16 S. E. Rep. 225; Roderick v. Railroad Co., 7 W. Va. 56; Smith v. Townsend, 31 W. Va. 495.
    
   The appellee brought an action of covenant against the appellants in the District Court of Petersburg. The defendants pleaded, “not guilty upon which issue was joined. A verdict and judgment having been rendered for the plaintiff on this issue, an appeal was taken to this Court.

JUDGE TUCKER

remarked the informality of the plea ; but conceived it was too late to take advantage of it, after verdict. And, by the whole Court, judgment affirmed.  