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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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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 differential counts were determined based on pyrosequencing of the 6 CpGs in validation set I (n = 44) (B).
We also recommend performing a 200 cell or more manual differential count for these types of studies.
A general trend of having lower than normal hematocrit, RBC count and lymphocytes and higher than normal segmenters was observed; eosinophil was also seen to be absent in most of the differential counts.
Dipel[R]PM proved to be effective at reducing the total number of hemocytes in the larvae of both resistant and susceptible populations, while Xentari[R]WDG affects only the differential count of these cells.
Normal Ranges CBC Results: (children) WBC: 8.2 x [10.sup.3]/ 5-13 x [10.sup.3]/ [micro]l [micro]l RBC: 4.22 x [10.sup.6]/ 4.5-4.8 x [10.sup.6]/ [micro]l [micro]l HGB: 12.4 gm/dL 11-16 gm/dL HCT: 37.00% 35-41% MCV: 87.6fL 82-98fL MCHC: 33.5 gm/dL 31-37 gm/dL RDW: 13.5% 11.5-14.2% PLT: 2 x [10.sup.3]/ 150-450 x [10.sup.3]/ [micro]l [micro]l Platelets variably enlarged, with normal granulation Differential Count: Segs: 40% 29-57% (5 y.o.) 40-68% (15 y.o.) Bands: 5% not significant below 10 Lymphs: 45% 30-45% (7 y.o.) 26-50% (15 y.o.) Mono: 4% 4-9% Eos: 4% 0-3% Baso: 2% 1-3% Coagulation Tests: Prothrombin Time: 10.5 sec 9.0-11.0 sec APTT: 32.0 sec 28-36 sec Fibrinogen: 225 mg/dL 200-400 mg/dL D-Dimer: <0.22 ng/dL <0.50 ng/dL Table 2.
The objectives of the present study were to determine the effects of including essential oils of fennel and ginger to a laying hens' diet on performance, egg quality traits, blood biochemical parameters and differential count of white blood cells.
Differential count: The white blood cell differential assesses the ability of the body to respond to and eliminate infection.
Three samples were also excluded from the differential count analysis as the Sysmex was not able to count suffficient cells to produce a valid differential.
The model uses seven measures from the CBC: hematocrit, red-cell distribution width, mean corpuscular-hemoglobin concentration, mean corpuscular volume, platelet count, white cell count, and white-cell differential count. It also includes age, gender, and classic coronary disease risk factors such as hyperlipidemia, hypertension, diabetes, and smoking.
The differential count revealed 85% polymorphonuclear leukocytes, 9% lymphocytes, 3% monocytes, 3% bands, and 4+ rouleaux forms.
(2,3) In the past, physicians have relied on symptoms alone or in conjunction with a manual or automated white blood cell (WBC) count with a differential count to assist them in making the diagnosis of influenza.

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