1791-11-07 (static/transcriptions/1791/11/063.jpg)

116.)

writ must include an indictmt on criminal suit, appears from.
Co: Litt 284 & 287
[but the contrary appears to me from the places cited]

In the case of the Duke of Bedford v Alcock in 1 Wilson 252.
Lee Chief Justice said “There are three counts in the declaration to which there is a general demurrer, so that if any one of the counts in the declaration be good, judgment must be for the plaintiff, if such cannot can be properly joined with the other two; and we are all of opinion that the count upon a [ILL] is good, and may be joined with debt for an [ILL] in a court last, and that they are not actions of different kinds; the whole three counts are for a debt created by different means, but all upon contracts, the two first upon implied contracts in law, and the [ILL] upon an express contract; and the true way to judge of this matter is this, that whenever the same process and judgement are in two counts they may be joined, otherwise they cannot