1791-11-07 (static/transcriptions/1791/11/064.jpg)

(117.

2 Burrow 1113.
Trs & case cannot be joined

To shew that where there are incompatible counts, the Plf cannot at his pleasure get rid of some of them.
Hen: Blackst [ILL] is quote

2d Obj: nothing actionable in the 2d Count, one of these on which Jt is given.
In the case of Onslow v Horne as reported in 3 Wilson 177. Ld Ch: Justice DeGrey said – The 2d ground on which it is moved that Judgemt be arrested is
“That the words in the last count are clearly not actionable, & that intire damages being given upon voth the accounts jointly, the court cannot pronounce judgement for the plaintiff upon this record.
As we are all of opinion, that the words in the last count are not actionable, it is not necessary for us now to determine, whether
the