There áre various errors assigned on this record: to the declaration, to the issue, to the appeal, and to the judgment. The court will confute their inquiry and decision to the fifth error assigned; the amendment of the judgment, by entering it specially oh the first count, and not giving any judgment on the second count. Every count states a distinct cause of action, and where there are several counts in the declaration, and some of them so faulty that a verdict will not cure the, defect, and evidence to support the good counts has been given, the court will direct the verdict to be entered on the good count's, and this is done at any time during the term, though after-writ of error delivered. But in this case the verdict was a general one, and it is not amended by the court’s directing the verdict to be taken on one count. The judgment is general, and afterwards amended by the court directing judgment to be.entered on the first count. If the court -had amended the verdict by directing it to be taken on the first count, and then entered a judg7 ment, this court might have considered it in the same light as if a verdict had been found for the plaintiff on the first count, and for the defendant on the second. But the court permitted the general verdict to stand. They do not amend nor take any order on it, but enter a judgment on One count only, leaving the verdict on both-counts on the record, and disposing of one only by judgment. On a general finding, not amended by entering the verdict on one count, the judgment must be general; for in no other way can the
Judgment reversed.