COUNT - Black's Law Dictionary

What is COUNT? Definition of COUNT in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

v. In pleading. To declare; to recite; to state a case;  to narrate the facts  constituting a plaintiff's cause of action. In a special sense, to set out the claim or count of the demandant in a real action.

To  plead orally; to plead or argue a case in court;  to recite  or read in court;  to recite  a count in court.

Count upon  a statute. To make  express reference to it, as the  words "against the  form of the statute" (or "by the force of the statute") "in such case made and  provided." Richardson v. Fletcher, 74 Vt. 417, 52 A. 1064.

"Pleading the statute" is stating the facts  which  bring the case within it, and "counting" on it is making  express reference to it by apt terms to show  the source of right relied  on. Atlantic Coast  Line  R. Co.  v. State, 73  Fla. 609,

74 So. 595, 599.n. In pleading. The plaintiff's statement of his cause of action.  The different parts of a declaration, each of which, if it stood alone, would constitute a ground for action. Used  also to signify the  several parts of an  indictment, each  charging a distinct offense. Boren  v. State, 23 Tex.App. 28, 4 S.W. 463; Bailey  v. Mosher, C. C.A.Neb., 63 F. 490, 11 C.C.A. 304; Ryan v. Riddle, 109 Mo.App. 115, 82 S.W. 1117.

"Count"  and "charge" when used relative  to allegations in an indictment  or information are synonymous. State v. Thornton,  142 La. 797, 77 So. 634, 636; State v. Puckett, 39 N.M. 511, 50 P.2d 964, 965.

Count sur concessit solvere. A claim based upon a promise to pay ,—a count in the mayor's court of London. Under it the  plaintiff can  sue  for any liquidated demand, but not for money  due under a covenant. Particulars defining more  precisely the nature of the claim must be delivered  with the declaration. Odger, C. LI 1029.

Common counts. Certain general counts or forms inserted in a declaration in an action to recover a money debt, not founded  on the circumstances of the  individual case, but  intended to guard  against a possible 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. Nugent v. Teauchot, 67 Mich. 571, 35 N.W. 254.

In the action of assumpsit, these counts are as follows : For goods  sold and delivered, or bargained and sold; for work done; for money lent;  for money paid; for money received to the  use  of the  plaintiff ; for interest; or for money due on an account stated.

General count. One  stating in a general way the plaintiff's claim. Wertheim v. Casualty Co., 72 Vt. 326, 47 A. 1071.

Money  counts.  A species  of common counts,  so called  from the subject-matter of them;  embracing the indebitatus assumpsit count for money lent and advanced, for money paid and expended, and for money had and received,  together with the insimul computassent count, or count  for money due on an account  stated.  1 Burrill,  Pr. 132.

Omnibus count. A count which combines in one all the money  counts  with one for goods sold and  delivered, work and  labor, and  an account stated. Webber v. Tivill,  2 Saund. 122;  Griffin v. Murdock, 88 Me. 254, 34 A. 30.

Several counts. Where a plaintiff has  several distinct causes  of action,  he is allowed to pursue them cumulatively in the same action,  subject to certain  rules which  the law prescribes. Wharton.

Special count. As  opposed to the  common counts, in pleading, 'a special count is a statement of the  actual facts of the  particular case, or a count in which the  plaintiff's claim is set forth with  all needed particularity. Wertheim v. Casualty Co., 72 Vt. 326, 47 A. 1071.

(Fr. comte; from the Latin comes.) An earl.

It gave way as a distinct  title to the Saxon earl, but was retained in countess, viscount, and as the basis of county. Termes de la ley; 1 Bla.Comm. 398.

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