1791-11-07 (static/transcriptions/1791/11/062.jpg)

(115.

is not aided by verdict; for the declaration (says Coke) ought to reduce the generality of the writ to particularly.
Coke 5 Rep: 35.
5 Comyns Dig: 26. Tit Pleader. C: on

3 Lewin 399.
Badge & [ILL]
“Trover & assumpsit can’t be joined in one action; and though the Jury hath severed them, yet the declaration being ill ab initio, the plaintiff ought not to have Jt; - and of that opinion was the whole court.”
Now if I am right in conceiving that the charges in the 1st & 10th are merely misdemeanors which may be prosecuted by indictment but not by action, then it follows according to the doctrine of Coke in 11 Rep: 45 B: before quote that the whole plaint is bad. That the words “better