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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