Count

(Fr. comte; from the Latin comes.) An earL n. In pleading. The different parts of a declaration, each of which, if it stood alone, would constitute a ground for action, are the counts of the declaration. Used also to signify the several parts of an indictment, each charging a distinct offense.

Cheetham v. Tillotson, 5 Johns. (N. Y.) 434; Buckingham v. Murray, 7 Houst. (Del.) 176, 80 Atl. 779; Boren v. State, 23 Tex. App. 28, 4 S. W. 463; Bailey v. Mosher, 63 Fed. 490, 11 C. C. A 304; Ryan v. Riddle, 109 Mo. App. 115, 82 S. W. 1117.

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. 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.

See Nugent v. Teauchot, 67 Mich. 571, 35 N. W. 254,

General count

One stating in a general way the plaintiff's claim.

Wertheim v. Casualty Co.., 72 Vt. 326, 47 Atl. 1071.

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 Atl. 30

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.

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 ali needed particularity.

Wertheim v. Casualty Co., 72 Vt 326, 47 Atl. 1071.