separate counts – Two or more charges of distinct offenses in an indictment or information, each count being in contemplation of the law a separate indictment, and constituting a separate cause of action

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separate cause of action See separate counts.

separate counts:

Two or more charges of distinct offenses in an indictment or information, each count being in contemplation of the law a separate indictment. 27 Am J1st Indict § 129.

Divisions of a complaint, petition, bill, or declaration wherein the plaintiff pleads a single cause of action in more than one count, that is, in as many ways as he sees fit, in order to meet any possible phase of the evidence; divisions of a complaint, petition, bill, or declaration wherein the plaintiff states two or more causes of action, each being separately set forth. 41 Am J1st Pl §§ 106 et seq.

Under the rule of pleading that separate counts are required for separate and distinct causes of action, separate and distinct causes of action must be such as are both separable from each other, and separable by some distinct line of demarcation. Chaft Refrigerating Machine Co. v Quinnipiac Brewing Co. 63 Conn 551, 29 A 76. [1]

References:

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[1]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

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