Gardner v. Able ( 1846 )

In a judgment by default in an action of assumpsit, where the declaration contains a special count on a note, and a commpn count, and the note subjoined constitutes the only bill of particulars, it is not necessary to enter a nolle prosequi as to the common count. In a case like this the District Court should not and would not allow any thing but the note to be given in evidence under the special or common count.