Common Counts

Certain general the purpose of preventing a defeat of a just right by the accidental variance of the evidence. These are, in an action of assumpsit, counts founded on express or implied promises to pay money in consideration of a precedent debt, and are of four descriptions, — ^the indebitatus assumpsit, the quantum meruit, the quantum, valebant, and the account stated. COMMON DAY (Law Lat. dies commvunis). In old English practice. An ordinary day in court (St. 13 Rich. IL st. 1, c. 17), such as octabis Michaelis (the octave of St. Michael), quindena Paschae (the quinzime of Easter), etc. (St. 51 Hen. III. sts. 2, 3; Cowell; Termes de la Ley).