Cutting against Wilkins
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | High Court |
English Reports Citation: 88 E.R. 859
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER
case 38. cutting against wilkins. If a declaration contain two counts, one good and the other bad; an entire judgment that the plaintiff do recover his damages aforesaid, is erroneous.-S. C. 7 Mod. 154. S. C. Salk. 24. S. C. Lilly, Ent. 227. S. C. Holt, 273. The plaintiff in the original action counts upon a note payable to him or order, (/) 1 Roll. Abr. 673, pi. 26. (m) Dyer, 28. Hob. 61. Year-Book 25 Edw. 5, pi. 6. (a) Co. Lit. 47. 1 Eoll. 133. (b) Co. Lit. 47. 860 HILARY TERM, 1 QUEEN ANNE. IN B. R. 11 MOD. 25. according to the custom of merchants; and further counts upon an assitmpsit for monies received to his use. Judgment by default, and several damages, but an entire judgment qubd recuperet damna prcedicta; whereupon error was brought. Weld for the defendant in error, to support the judgment, insisted, that though the action, according to the custom of merchants, does not lie in this case (a), yet the damages being several, and judgment yitbd recuperet damna prcedicta, it shall be taken as a several judgment, and not joint. And therefore if judgment be reversed for the damages given on the bad count, yet it shall stand for the rest; and insisted on the case of Miles v. Jacob (b), and the case of Reynolds v. Grimstone (c), which are express in point. Pengelly for the plaintiff in error insisted, that the first count was not good, for...
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Cutting against Williams
...and where one of several counts is bad, and an entire judgment is given, it cannot be reversed in part only.-S. C. 2 Ld. Ray. 825. S. C. 11 Mod. 24. S. C. 1 Salk. 24. S. C. Holt, 273. S. C. Lilly Ent. 227. Error of a judgment in the Court of Common Pleas. The declaration contained several c......