count

(redirected from lost count)
Also found in: Dictionary, Thesaurus, Medical, Financial, Idioms, Encyclopedia.
Related to lost count: out for the count

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The term count has been replaced by the word complaint in the Federal Rules of Civil Procedure and many state codes of civil procedure.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

noun accusation, allegation, assertion, case for the prosecution, charge, citation, claim, comes, condemnation, countercharge, crimination, delation, denunciation, distinct statement, imputation, inculpation, indictment, item, item in the indictment, main charge, particular charge, statement of a cause of action
Associated concepts: count in an accusatory instrument, ommibus count
See also: accusation, amount, appraise, assess, calculate, canvass, census, charge, complaint, computation, enumerate, item, itemize, poll, quantity, sum, surmise, survey

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 ?
"I have lost count of how many times I have been verbally abused, physically attacked.
"That's me broken my nose twice this season and I've lost count of how many times I've done it in my career.
Nathan, a graphic designer, said: "I started off really well and was ahead, but somehow I lost count and ended up doing an extra lap.
Paul Collins, from Llantrisant, lost count of the number of roach and rudd he caught, but he did remember that 19 carp to 8lb came his way.
Shacklady, dubbed the 'Pro-am King' and the most prolific winner on the circuit, has lost count of not only his victories but his records!
Mr Lambert said he had lost count of the number of firms telling him "depressing" stories of Polish workers out-classing their British counterparts, who often struggle with basic English and maths.
"I've lost count," said Wright, 72, of Shrewsbury, who is originally from Walsall in England and still has a distinct "Midlands" accent.
Her appearance on The Morning Line and afternoon incited a wealth of wellwishing e-mails, and oncourse at Sandown I lost count of the amount of people who approached John McCririck and myself, first asking who Agnes had selected in the bonus race and later acknowledging how pleased they were she had 'Scooped' again.
I lost count of the number of parcels in school supplies and toys and vitamins we packed up and sent in between his trips."
I've lost count of how many times over a several-week period it was predicted - specially by NBC News - that Harding's arrest was imminent, only to have the story proved false the next day.
Over seven weeks, we've lost count of how many onions have sweated.
I've lost count of the number of drivers who drive at 40mph, then, when they hit the dual carriageway, shoot off at 80mph only to slam on their brakes and go back to 40mph on the single carriageway.