'The general issue is a comprehensive denial of the whole cause of action or the principal part thereof,8 putting in issue those facts the burden of proving which rests primarily on the plaintiff, but none other.9

The form of the general issue varies, and is not the same for every form of action, but most of the forms of action have an appropriate, distinct, and fixed general issue." 10 11

8 O«bom vs. Lovell, 36 Mich., 250.

9 Louisville, etc., R. Co. vs. Tram-mell, 93 Ala., 352.

The forms of the general issue in the principal forms of action are as follows:

(a) Debt on a simple contract. Nil debet. This is one of the broadest of all the general issues. It denies that the defendant owes the debt, and any matters which will avoid the indebtedness can be introduced under this plea, even although such matter is in reality in confession and avoidance.

(b) Debt on record. Nul tiel record.

(c) Debt on specialty. Non est factum.

(d) Covenant. Non est factum. Under this plea evidence can be introduced either that the defendant never executed the instrument or that it is void.

(e) Detinue. Non detinet, that the defendant does not detain the goods.

(f) Assumpsit. Non assumpsit.

"In an action of special assumpsit founded upon an express promise, non assumpsit originally denied only the fact of the promise, or that the promise was legal, but in general assumpsit founded upon an implied promise the defendant was at liberty to prove all facts which tended to exclude the implication of the promise." 12 13

(g) Trespass. Not guilty.

(h) Trespass on the case. Not guilty.

(i) Trover. Not guilty. In this action the general issue of not guilty is said to permit the setting up every defense except the statute of limitations.14

10 3 Black., Com., 305.

11 Ency. of Pleading and Practice,

Vol. XVI, p. 542-43. 12 Edson vs. Weston, 7 Cow. (N. Y.), 278.

13 Ency. of Pleading and Practice, Vol. XVI, p. 544. 14 1 Chitty's PL, (16th Am. Ed.), 181.

"Pleas of the general issue as above enumerated cannot be indiscriminately used, but each must be confined to the particular form of action to which it is appropriate." 15 16