James C. Lockwood, Plt'ff in Error, vs. Robert Rogers, et al., for the use of Brace, Defendant in Error

James C. Lockwood, Plt’ff in Error, vs. Robert Rogers, et al., for the use of Brace, Defendant in Error. When there are two counts in a Declaration, the one special on a written guaranty, and the other in indebitatus assumpsit for money, work and labor done and performed, and for goods sold and delivered, if the defendant demur to the whole declaration generally, it cannot bo sustained, unless both counts are bad. One being good and the other bad, the demurrer will be overruled. Error to the late District Court for the county of Crawford. The declaration in this cause was in assumpsit containing two counts. The first was special, upon a ■written guaranty. The second, for work and labor, goods, &c. The defendant demurred generally to the whole declaration, and the plaintiff joined in demurrer. The demurrer, on argument, was overruled. The opinion of the Court being upon a single point precludes the necessity of a more specific statement of the case, Collins 8¡' Catlin, for Pl’ff in Error. Dunn, Jones fy Crawford, for Def’t in Error. [MAJORITY — Stow, C. J¡] By the Court Stow, C. J¡ -The declaration in this case, which is in assumpsit, contains two counts: the first a special one, on a .written guaranty: the second, the common indebitatus assumpsit for money, work, labor, and goods. To this declaration the defendant demurred generally. The demurrer was overruled by the late District Court, and to reverse this decision this writ of error is brought. Whatever may be said of the first count of the declaration, there can be no doubt that the second is good; and the demurrer being to the whole declaration,it i§ well settled that it is not, available, although had it been coijfined to the first copnt it might perhaps have been sustained: on this point however, we give no opinion. Judgment affirmed.,,