Lovett v. Pell , 1 Lock. Rev. Cas. 399 ( 1799 )

Error would not lie, since the Rev. Stat. by which it is provided that after verdict, a judgment shall not be reversed for mispleading, for a misjoinder of counts; but the mistake must be taken advantage of by demurrer. They also held, that the special assignment of errors in this case, “ that the issues joined were not tried, was bad, as it impeached the record; and that the joinder in error was not a confession of the fact assigned as error, but operated as a demurrer.