1791-11-07 (static/transcriptions/1791/11/058.jpg)

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For when a man (says Coke) demands 2 things, & it appears of his own shewing that he cannot have an action or better writ [melior brief] for one of the two, there the writ shall not abate entirely, but shall stand in [ILL] as to that which is good; But when a man brings an action for two things, and it appears that for one of those things he cannot have this writ, but may have another in a different form, there the writ shall abate in toto and shall not stand in force even as to that past which is good.” 10 Rep: 454.
2. Obj: I contend that there is nothing actionable in the 2d Count which is one of those on which the Judgemt was given.
The case of Onslow v. Horne in 2 Blackst: Rep: 750 – appears to be strongly applicable to the