common count

Hist. In a plaintiff’s pleading in an action for debt, boilerplate language that is not founded on the circumstances of the individual case but is intended to guard against a possible variance and to enable the plaintiff to take advantage of any ground of liability that the proof may disclose.

• In the action for indebitatus assumpsit, the common count stated that the defendant had failed to pay a debt as promised. See indebitatus assumpsit under ASSUMPSIT.

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