Abercrombie v. Pell

KNIGHT, Justice.

The complaint contained counts ex contractu, that is, four common counts, and a~ count ex delicto, in trover, for the conversion of a bale of cotton. The amount claimed in each of the common counts was $200, while the amount claimed in the trover count was $100.

In count A, the trover count, there is this averment: “The plaintiff avers that counts one, two, three and amended Count A are all pertaining to the same subject matter and growing out of the same transaction.”

The court overruled demurrers to count A, and the cause then proceeded to trial on three of the common counts,…