case Dalston against janson a action on the case against a carrier on the  custom of the realm and trover may be join in the same declaration S c Mod S c  salk S c comb S c salk S c ld ray S c ld ray this be a action on the case  bring against a common carrier upon the custom and also a trover be lie in the  same declaration upon not guilty plead there be a verdict for the plaintiff it  be move in arrest of judgement that these be different action and ought not to  be join in one and the same declaration for one be ground upon a contract in  law to which non assumpsit be the proper plea and the other upon a tort and it  be for the same reason that a trover and a indebitatus assumpsit ought not to  be join nor a modern ejectment and a action on the case for scandalous word  though the same issue go to both but not guilty be not the proper issue to  this action for ancient the defendant plead special to the neglect and  misfeasance winch see also I term Rep a it can be deny but that this action be  find on the contract and for that the authority of the case of boson v  Sandford show Mod lev salk b be plain a ejectment and a action for a assault  and battery be join bird v Snell hob Brownl c and the plaintiff have a verdict  but the court be of opinion that this be the first precedent for they sever in  damage and therefore they advice on it but winch justice be of opinion that it  be not good to which it be answer that it be my Lord hobart opinion in that  very case that the declaration be good after a verdict and that of late no  action have be bring against a common carrier but trover be join with it lev  lev d a action on the case for overriding and not deliver a horse accord to a  contract and also modern er p for a conversion to the defendant use be join  together white v resden cro car Lutw e upon not guilty plead the plaintiff  have judgement though he may have demurrer to the declaration it be double but  by plead the general issue and that be find against he it make the declaration  good so trespass for beat his servant per quod slavery to send away and a  action on the case for keep a dog accustom to bite sheep be join in one  declaration ash v rapier easter term car f and the plaintiff have judgement  though it may be a question whether trespass will lie for the last or not for  it be only a negligence to let the dog lose for which trespass will not lie it  be not the contract which entitle the plaintiff in this case for it be a  action ground upon a tort and the issue and judgement be the same in both e  white v resden cro car Lutw see gilbert history of common plea Bedford v  Alcock will Dickon v Clifton will g it be true there be the like declaration  issue and verdict in the case of Matthew v Hopkins side vent keb h and the  judgement be arrest not for the reason now give but because the plaintiff have  allege that the defendant be a carrier on the ten of may and that he be  possess of the good on the six of may on which day he do deliver they so that  it do not appear he be a carrier on the day of the delivery these be not  action of different nature and therefore they may be join and the like have be  do in many other case as debt upon bind and detinue be join Fitzherbert Abr  brief pl Thelsals digest bk ch S a so likewise debt upon a penal statute and a  indebitatus assumpsit general for modern tithe bro Abr joinder in action pl b  and non assumpsit plead to both which be a discontinuance to so much as relate  to the penalty but it be the opinion of Twisden justice that if the issue can  have be not guilty it may have go to bothWright v beal side lev c agreeable to  this be that distinction take in Buckmeres case   d that in action real find  upon a tort a man shall have but one writ to recover land to which he have  several title but in personal action several fort may be comprehend in one  declaration because in these there be not so much regard to form as in the  other before the statute de good asportatis in Vita testator it be a question  whether a action will lie against the executor of a carrier but now it be not  doubt but a plaintiff can join in the same declaration on a cause of action as  executor with another which accrue in his own right cockeril v Knyaston term  Rep nor can a count on a promise make by a defendant as administrator to pay  money receive by he as such to the plaintiff use he join with other count on  promise make by the intestate Jennings v Newman term Rep e curian a plaintiff  can join two action which require several issue so that the question now be  whether action may be join where the same plead will answer both in such case  as this the defendant in former time plead particular to the neglect but it  have be late rule that not guilty be a good plea vent f but it seem strange  that debt and detinue shall be join because those action have different  judgement upon the first debate of this case they incline for the plaintiff  but afterward when Rokeby justice come into the court in Michaelmas term  follow they be all of opinion that these be distinct action for a action  against a common carrier upon the custom of England be not so much upon a tort  as upon a contract for by receive the good and take a reward for the carriage  the defendant implicit undertake to deliver they safe and therefore the law  imply a contract to answer the value if rob the case of Matthew v Hopkins side  vent g the carrier of Tiverton be upon the common custom of the realm for  negligent carry a bag of wool in which there be fifty pound and in the same  declaration there be a trover for the say modern er p money and it be hold  that these be different action and ought not to be join which be the case in  point so judgement be give for the defendant but it be now settle that a  action against a common carrier on the custom of the realm and a action of  trover may be join in the same declaration Dickson v Clifton will see also  vent Bedford v Alcock will mast v Goodson Bl Rep brown v Dixon term Rep a