May v. Richardson
New York Supreme Court
the 30th September last, an Order for a bill of particulars was made absolute against the plaintiff upon a regular or^er t° show cause, and served on the agent of the plaintiff’s attorney on the 9th October. A motion was now made for judgment of non-pros; and that the plaintiff pay the costs of this motion,
1Opinion of the Court
Curia.
Upon an order for a bill of particulars absolute against the plaintiff, the defendant moves this Court, who. make a rule for judgment of non-pros, nisi. As the party disobeying the order is in fault, it is reasonable that he should pay the costs of the motion. In this case, let the plaintiff deliver a bill in 20 days, and pay the costs of this motion or judgment of non-pros may be entered.
Rule accordingly.
2Cited by1 opinion
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