Belton v. Gibbon

In the Court of Common Pleas of the-county of Salem, judgment ivas rendered for the plaintiff on a general demurrer to a declaration containing four counts. The defendant below having brought a writ of error, insists, as he did there, that the matters contained in thé declara*89tion are insufficient to maintain the plaintiff’s action, and that therefore judgment should be here, as it ought to have been there, rendered against him. If any one of these counts be sufficient, the plaintiff in error cannot prevail, since it is a rule that if one or more of the counts be defective, the demurrer should…