1791-10-24 (static/transcriptions/1791/10/014.jpg)
6.)
But before any Wts was called for the Plf – Mr. Ledlie & Mr. Richardson of counsel for the Deft objd to the cause proceeding, & insisted that the Plf should be nonsuited, because they sd that some of the Counts were bad & some inconsistent with each other. A case was quoted viz
Rojers v Cook} The Court
Carthew 235 } ex officio
Abated the bill for that it appeared on the record itself that the sevl demands in the declaration were incompatible, & cod not be joined in one & the same action, for they require sevl Judgemts & of distinct natures. [N. B. This was on Demurrer]
But the Court thought that such objections should be made in argument for Demurrer, or else in arrest of Judgement.
After some talk of withdrawing
the