Massachusetts Bd. of Retirement v. Murgia, 427 U.S. 307, 322 (1976)
“Whether "fundamental" or not, "'the right of the individual . . . to engage in any of the common occupations of life'" has been repeatedly recognized by this Court as falling within the concept of liberty guaranteed by the Fourteenth Amendment. Board of Regents v. Roth, 408 U.S. 564, 572 (1972), quoting Meyer v. Nebraska, 262 U.S. 390, 399 (1923). As long ago as Butchers' Union Co. v. Crescent City Co., 111 U.S. 746 (1884), Mr. Justice Bradley wrote that this right "is an inalienable right; it was formulated as such under the phrase 'pursuit of happiness' in the Declaration of Independence . . . . This right is a large ingredient in the civil liberty of the citizen." Id., at 762 (concurring opinion). ”
[Massachusetts Bd. of Retirement v. Murgia, 427 U.S. 307, 322 (1976)]
"[Unalienable rights] are enumerated rights that individuals, acting
in their own behalf, cannot disregard or destroy." McCullough v. Brown,
19 S. E. 458, 480, 23 L.R.A. 410.
COMMON COUNTS - Certain general counts, not founded on any special
contract, which are introduced in a declaration, for the purpose of
preventing a defeat of a just right by an accidental variance in evidence.
"These are, in an action of assumpsit, counts founded on implied
promises to pay money in consideration of a precedent debt, and have
been variously classified. Those usually comprehended under the term
are: --
"1. Indebitatus
assumpsit, which alleges a debt founded upon one of the several causes
of action from which the law implies a promise to pay, and this is made
the consideration for the promise to pay a sum of money equivalent to
such indebtedness. This covers two distinct classes: --
a. Those termed
money counts, because they related exclusively to money transactions
as the basis of the debt alleged:
(1) Money paid for defendant's use.
(2) Money had and received by defendant for the plaintiff's use.
(3) Money lent and advanced to defendant.
(4) Interest.
(5) Account stated.
b. Any of the usual
states of fact upon the debt may be founded, the most common being:
(1) Use and occupation.
(2) Board and lodging.
(3) Goods sold and delivered.
(4) Goods bargained and sold.
(5) Work, labor, and services.
(6) Work, labor, and materials.
2. Quantum Meruit.
3. Quantum Valebant."
Bouvier's Law Dictionary
(1914), p. 564.
DISPARAGEMENT - (In Old English
Law): An injury by union or comparison with some person or thing of
inferior rank or excellence.
Bouvier's Law Dictionary (1914), p. 887.
"Common counts, though mainly
conclusions of law, are not subject to either general or special demurrer."
Smith v. Bentson (1932),
127 C.A.Supp. 789, 15 P.2d 910.