1791-01-15 (static/transcriptions/1791/01/185.jpg)

24.)

First Term 1791.

C. L. P. Merlo vers And: Mackintosh. Mot
v Perkins, in Lilly Entries 436.
If this were an appealable cause & were appealed, the Court in England could not know from the general entry of damages, wr the damages were assessed on both counts or on which.

The entry of the Jt cannot sever the 2 counts; but if it could, it cannot sever one of the Counts and this plea is only to part of the first count, viz to the assault on the Servant; and the per quod & is not applicable to the assault only but to the imprisonment. Yet without the per quod &c the action does not lie.
Cutting v Williams
1 Salk: 24.
The Court refused the Motion