count

verb

In pleading, to declare; to recite; to state a case; to narrate the facts constituting a plaintiffs cause of action. To plead orally; to plead or argue a case in court; to recite or read in court; to recite a count in court

noun

1. In pleading, the plaintiffs statement of a cause of action; a separate and independent claim. Used also to signify the several parts of an indictment, each charging a distinct offense. Fed. R. Crim. P. 7(c)(l), 8.

The usual organizational subunit of an indictment. Sanabria v. United States, 437 U.S. 54, 69 n. 23, 98 S.Ct. 2170, 2181 n. 23, 57 L.Ed.2d 43.

"Count" and "charge" when used relative to allegations in an indictment or information are synonymous. State v. Puckett, 39 N.M. 511, 50 P.2d 964, 965.

2. An earl

@ common counts

Certain general counts or forms inserted in a declaration in an action to recover a money debt, not founded on the circumstances of the individual case, but intended to guard against a possible variance, and to enable the plaintiff to take advantage of any ground of liability which the proof may disclose, within the general scope of the action. The various forms of an action of assumpsit. In the action of assumpsit, these counts are as follows:

- For goods sold and delivered, or bargained and sold;

- for work done;

- for money lent;

- for money paid;

- for money received to the use of the plaintiff;

- for interest;

- or for money due on an account stated.

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Old forms of pleading by which pleader sets forth in account form the basis of his claim such as money had and received, goods sold and delivered, etc. Traditionally, the various forms of action of assumpsit

@ general count

One stating in a general way the plaintiffs claim.

@ money counts

A species of common counts, so called from the subject-matter of them; embracing the indebitatus assumpsit count for money lent and advanced, for money paid and expended, and for money had and received, together with the insimul computassent count, or count for money due on an account stated.

@ omnibus count

A count which combines in one all the money counts with one for goods sold and delivered, work and labor, and an account stated.

@ several counts

Where a plaintiff has several distinct causes of action, he is allowed to pursue them cumulatively in the same action, subject to certain rules which the law prescribes.

See e.g. Fed.R. Civil P. 8(e).

@ special count

As opposed to the common counts, in pleading, a special count is a statement of the actual facts of the particular case, or a count in which the plaintiffs claim is set forth with all needed particularity

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