Cooper v. Bissell
Cooper against Bissell
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Per Curiam.
Without a suggestion of special facts, and an express award of the venire to the coroner, or to elizors, the process can be legally executed and returned by the sheriff only. The statute of jeofails does not extend to such a case, and the judgment is, on this ground, erroneous. (1 Sell. Pract. 392.)
The rule in regard to joining different counts in the same declaration is somewhat perplexed; but a review of all the adjudged cases warrants, at least, this conclusion, that where the counts require different judgments, they cannot be joined. (Tidd. Pr. 11. in nolis. 1 Chitty Plead. 199. Courtney v. Collet, Lord Raym. 272. 2 Saund. 117. e. n. 2.) The judgment in trespass vi et armis, and for all other torts committed with force and violence, is, beside damages, quod defendens capiatur pro fine ; and in all actions of trespass on the case, for torts, which imply no force, the judgment is quod sit in misericordia. Trover is of the latter description, and, therefore, cannot be joined with trespass vi *148 et armis. We regret that the law is so, but the authorities show,’that this may be taken advantage of on a writ of error, as well as on demurrer, or on arrest of judgment. ( Chitty on Plead. 206.)
• Judgment reversed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 13 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.