Kitchenman v Skeel and another, Executors of H. Nicholl, Deceased
| Jurisdiction | England & Wales |
| Judgment Date | 14 November 1848 |
| Date | 14 November 1848 |
| Court | Exchequer |
English Reports Citation: 154 E.R. 751
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S C 18 L. J. Ex 23.
kitchenman -v. skeel and another, Executors of H. Nicholl, Deceased. Nov. 14, 1^48.-Where a count for work done and money paid for a testator, waa joined with a count for work done for, and money due on an account stated with, the defendants, as executors, and the jury found for the plaintiff', with general daitiages, the Court arrested the judgment. Kuch objection might have been cured by a verdict for the defendant on, or a nolle prosequi entered as to, the second count.-Where general damages are found on a declaration consisting of several counts, which are good, but cannot be joined, the proper course is to arrest the judgment; where some of the counts are good and others bad, a venire de novo issues; but in the case of a single count containing good and bad causes of action, the Court will neither arrest the judgment nor grant a venire de novo, inasmuch as it will be intended that the damages were given in respect of the good causes of action only. [S. C. 18 L. J. Ex. 23.] Debt. The declaration stated, that H. Nicholl, since deceased, in his lifetime was indebtejd to the plaintiff in 801. for wages, and for work and labour, and for money [50] due upon an account stated, which sum of 801. was to be paid by H, Nicholl, deceased, to the plaintiff, on request. And also, that the defendants, as executors as aforesaid, after the death of H. Nicholl, were indebted to the plaintiff in 801. for work and laljour by the plaintiff then done and performed for the defendants, as executors as aforesaid, and for money found to be due from the defendants, as such executors 752 KTTPHENMAN V SKEEL, 3 EX 51 as aforesaid, on divers accounts between the plaintiff ind tho defendants, as &uch executors, before then stated between them, and which last-mentioned sum of 801 was to be paid by the defendants, as executors as afoiesaul, to the plaintiff, on lequest Breach, non-payment by H Nicholl 111 his lifetime, 01 by the defendants as executotb as aforesaid, since the decease of H Nicholl The defendants pleaded "nevei indebted," with othei pleas The cause was. tried befoie flolfe, B, at the London Sittings in last Hilaty Teini, urid a general verdict found foi the plaintiff fot the debt and damages Lush having obtained a tule nisi to anest the judgment, on the giound of a misjomder of the causes of...
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