
    Carr vs. Richardson.
    The first rule of May term, 1840, as to.verifying pleas, only applies to cases where it appears that the whole cause of action is on one or more written instruments or records. Hence, where the declaration contained two special counts on a promissory note, together with the money counts, and no notice was given that the note was the only cause of action relied on; held, that a plea of the general issue to the whole declaration, not verified according to the above rule, could not be, disregarded.
    Verifying pleas. The declaration contained two special counts on a promissory note, and the common money counts. A copy of the note was served with the declaration, but without a notice that the note was the .only cause - of action on which the plaintiff relied. (See 1st rule of May term, 1849, 22 Wendell, 644, note.) The defendant pleaded the general issue to the whole declaration, without accompanying it by an affidavit of merits, and for the want of such affidavit, the plaintiff disregarded the plea and proceeded to judgment, which
    
      
      E. A. Doolittle, for the defendant, now moved to set aside for irregularity.
    
      T. D. James, for the plaintiff,
    insisted, that inasmuch as the two special counts severally described a written instrument, the •plea, so far as it went to those counts, should have been accompanied by an affidavit of merits.
   By the Court, Bronson, J.

The plaintiff cannot split up the action in this way. The first rule of May term, 1840, only applies to casés where it appears that the whole action is on one or more written instruments or records.

Motion granted.  