Page:Black's Law Dictionary (Second Edition).djvu/289

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COUNT

rect the special pleadings, to manage the cause on trial, and, during the whole course of the suit. to apply established principles of law to the exigencies of the case. 1 Kent, Comm. 307.

COUNT, 1:. In pleading. To declare; to recite, to state a case: to narrate the facts constitiitliip: a plaintiff's cause of action. in a special sense, to set out the ciaini or count of the deniandant in a real action.

To plead orally; to plead or aigue a case in court: to recite or read in court: to F9- cite a count in court.

-Count upon a statute. Counting upon a btatuie consists in making express reference to it. its by the words ‘against the farm of the statute" (or “hy the force of the statute") “in such case made and provided." Richardson V. l"ieteher, 74 Vt. 417, 52 At]. 106-1.

COUNT. n. in pleading. The different parts of a declaration, each of which it it stnorl alnne, would mnstitiite I1 ground for aciivn, are the counts of the declaration. Used oiso to signify the several parts of an indictment, each charging a distinct offense. Cheetham v. Tillotson. 5 Johns. (N. Y.) 434; Iiiichiugliam v. Murray. 7 Hoiist. (Del) 176. 30 Atl. 779: Boren v. State. 23 Tex. App. 28. 4 8. W 463; Baiiey v. Masher. 63 Fed. 490. 11 G. C. \. 304; Ryan v. Riddle, 109 Mo. App. 115. ‘-2 S. W. 1117.

--Common counts. (‘crtnin general counts or tonne inserted in a declaration in an action to ri-coier a money dcbt not founded on the cir- oun-tiinces of the individual case, but intended to guiird against :1 possibie variance, and to enable the plaintiff to take advantage of any ground of Liability which the proof may disclose. within the general scope of the action. In the action of aaaumpcit, these counts are as follows' For goods sold and delivered, or hergiiiued and sold; for work done; for money lent; for money paid; for money received to the use of the pialutifi; for interest; or for money due on an account stated See Nugent v. Teauchot. GT Mich 571. 35 N W. Z'3-1—Genersl coruit. One stating: in a general way the plain ‘a claim. Worthcim v. Casualty Co., 72 Atl. 10'/1.—Oninl'I1u.s count. count h combines in one all the money counts with one for goods sold and deiivered, uork and labor, and an account stated. \’Vetr her v. Tirili. 2 Saund. 132: Griifln v. Murdock,

  1. 8 Me 25-1. 34 Atl. 30—Money counts. A

lptcies of common counts, so called from the subject-matter of them: emhracing the indebi'tiz- Illa ossumpril count for money lent and ad- vsnced, inr money paid and ex-pended, and for mom. had and received. together with the £1»- aiiiu co-mpuiuasent count, or count for money duo on an nc<-ount stated. 1 Buriiil. Pr. 13?. —several counts. Wiiere a plaintiff has severiii di-u‘nct causes of action. he is niiowed to rv'ii.<iw them cumulatively in the same action. ixiildo.-1 to certain rules which the law premriiies. Whnrton.—Special count, as op- in-vi to the common counts. in pleading, a sun hii (uunt is a statement of the actual facts of the "\£il'[il‘lIiI1'l‘ case, or a count in which the iiliiiutiif s cliiim is set forth with all needed pur- ll-‘ll.1l'It] “‘eiIheim v. Casually Co., 72 Vt. 3'.'Ji. 47 AtL 1071

COUNT. (Fr. comes) .-in carl.

comic; from the Latin

281

COUNTER—CLAIM

COUNT-OUT. In English parliamentary law. Forty members form a house of cornmons; and. though theie be ever so many at the beginning of a debate, yet, if during the course of it the house shou.id be deserted by the members, till reduced below the number of torn‘, any one Inemher may have it adjonined upon its being counted; but a dehate may be continued when only one niciuber is left in the house, provided no one choose to move an adjournment Wharton.

COUNTEI-J. In old English law. The most eminent dignity of a subject before the Conquest. He was priefectua or prizpositius comiiritus, and had the charge and custody of the county; but this authority is now vested in the sheriff. 9 Coke, 46.

COUNTENANCE. In old English law. Credit; estinmtion. Wharton. Also. ecnouragement; aiding and abetting. Cooper v. Johnson, 81 M0. 487.

COUNTER, ii. The name of two prisons tormei-i_i standing in London, but now demolished. They were the Poultry Counter and Wood Street Counter.

COUNTER, ad]. Adverse; antagonistic: opposing or contradicting; contrary. Silliman v. Eddy. B How. Prac. (N, Y.) 122

—Ccunter-nflirlavit. An aifidavlt made and presented in contradiction or opposition to an nflidavit which is made the basis or support of a motion or npplication.—Counte1-‘bond. In old practice. A bond of indemnity. 2 Leon. 90. —Cnuntex--deed. A secret writing, either before :1 notary or under I private seal, which destroys, invalidates, or alters a puhlic one.- Connter-—letter. A species of instrument of defeasance common in the civil law. It is ex- ecuted by a party who has taken a deed of prop- erty, ahsolute on its face but intended as security for a loan of money, and by it he agrees to reconvey the property on payment of a spec‘- fied sum. The two instruments. taken together. constitute what is known in Louisiana as an "a1itirlire.iiii‘." (q. n.)—Connten-mark. A sign put upon goods aiready marked: also the several marks put upon goods belonging to several

ersons. to show that they must not be opened. hut in the presence of nli the owners or their agents.-——Gunntar-security. A security given tn one who has entered into a bond or he(0i]'l€ surety for another; a countervailing bond of iudelunily.

COUNTER-CLAIM. A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. A species of set—ot1’ or recoupment introduced by the codes of ciri.l procedure in severai of the states, of a bread and iiherai character.

A counter-cl.-iim must be one “existing in favor of II defendant and against a plaintiff iietween whom a several judgnieni. might be had in the action, and aiising out of one of the following causes of action: (1) A cause of action arising out of the contract or transaction set i'orth in the coiuplomt as the tiiiiuclation of the pi:1intiiI’s claim, or cniiiectntl with the subject of action; (2) in an uction arising on contract, any other

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