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Count

In Common-Law Pleading or Code Pleading, the initial statements made by a plaintiff that set forth a Cause of Action to commence a civil lawsuit; the different points of a plaintiff's declaration, each of which constitute a basis for relief. In Criminal Procedure, one of several parts or charges of an indictment, each accusing the defendant of a different offense.

The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure. Sometimes count is used to denote the numbered paragraphs of a complaint, each of which sets out an essential element of the claim.

Federal and state rules of criminal procedure govern the standards that a criminal count must satisfy in federal and state criminal matters.

count

n. each separate statement in a complaint which states a cause of action which, standing alone, would give rise to a lawsuit), or each separate charge in a criminal action. For example, the complaint in a civil (non-criminal) lawsuit might state: First Count (or cause of action) for negligence, and then state the detailed allegations; Second Count for breach of contract, Third Count for debt, and so forth. In a criminal case each count would be a statement of a different alleged crime. There are also so-called common counts which cover various types of debt. (See: common counts)

count

a paragraph in an indictment containing a distinct and separate charge.

COUNT, pleading. This word, derived from the French conte, a narrative, is in our old law books used synonymously with declaration but practice has introduced the following distinction: when the plaintiff's complaint embraces only a single cause of action, and he makes only one statement of it, that statement is called, indifferently, a declaration or count; though the former is the more usual term.
    2. But when the suit embraces two or more causes of action, (each of which of course requires a different statement;) or when the plaintiff makes two or more different statements of one and the same cause of action, each several statement is called a count, and all of them, collectively, constitute the declaration.
    3. In all cases, however, in which there are two or more counts, whether there is actually but one cause of action or several, each count purports, upon the face of it, to disclose a distinct right of action, unconnected with that stated in any of the other counts.
    4. One object proposed, in inserting two or more counts in one declaration, when there is in fact but one cause of action, is, in some cases, to guard against the danger of an insufficient statement of the cause, where a doubt exists as to the legal sufficiency of one or another of two different modes of declaring; but the more usual end proposed in inserting more than one count in such case, is to accommodate the statement to the cause, as far as may be, to the possible state of the proof to be exhibited on trial; or to guard, if possible, against the hazard of the proofs varying materially from the statement of the cause of action; so that if one or more or several counts be not adapted to the evidence, some other of them may be so. Gould on Pl. c. 4, s. 2, 3, 4; Steph. Pl. 279; Doct. Pl. 1 78; 8 Com. Dig. 291; Dane's Ab. Index, h.t.; Bouv. Inst. Index, h.t. In real actions, the declaration is most usually called a count. Steph. Pl. 36, See Common count; Money count.

References in periodicals archive ?
Leukocyte count has previously been identified as a predictive marker of severe NE (32) and a predictive marker of death from HFRS among populations in China, where Hantaan virus and Seoul virus are the 2 major circulating species (22,30,33,34).
In this study, the leukocyte count was decreased at the end of therapy in both groups, but only in the combination therapy group it had a significant decrease (p = 0.009) compared to baseline.
The non-parametric Mann-Whitney test was used to test differences between mean values of the leukocyte counts. Because of the age and gender difference between the patients and the controls, we evaluated in our RETROVE controls the effect of these variables on leukocyte counts using a linear regression model, as reported previously ([17-21]).
Leukocyte count estimation is one of the most helpful and first line investigations for patients presenting with acute abdomen.
Role of leukocyte count, neutrophil percentage and C-reactive protein in the diagnosis of acute appendicitis in the elderly.
The sample was run on a fully automated Ac.T5 diff Beckman Coulter, which showed a very low total leukocyte count of 700/[mm.sup.3], with 78% lymphocytes of which 9% were atypical lymphocytes, 11% neutrophils, and 11% monocytes.
Results: The result of this study indicated that development of arthritis was accompanied by significant raise in total leukocyte count and the presence of inflammatory cells in lung histopathological sections as compared to healthy control groups.
Laboratory examination showed a leukocyte count of 3.5 x [10.sup.3]/[micro]l and a serum CRP level of 1.5 mg/dl.
Considering the above factors, we designed a cross-sectional and 5-year follow-up study to investigate how a subnormal leukocyte count is related to the prevalence and incidence of MS in apparently healthy adults.
Nasal smear cytology and leukocyte count correlated with clinical findings.
Similarly, the mean Total Leukocyte Count was 7.80 -+ 0.69x103/(mean)L.

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