Mosheim v. Pawn
City of New York Municipal Court
Appeal from special term. Action by Julius E. Mosheim and others against Charles Pawn and others. From an order requiring a bill of particulars plaintiffs appeal.
1Opinion of the CourtEhrlich, C. J.
The authority of the court to order a bill of particulars, and to determine its extent, is not questioned. But the power should be exercised in furtherance of justice, and no person should be required to do that which it is impossible for him to do, under penalty of having his pleading stricken out. Ammidon v. Rubber Co., (Super. N. Y.) 14 N. Y. Supp. 769. Some of the things the court below has ordered the plaintiffs to do they swear they cannot do, and their reasons why are given. The excuse seems satisfactory. The order appealed from should be modified by affirming the order-in so far as it…
2Cases cited1 opinion
- Ammidon v. Century Rubber Co.The Superior Court of the City of New York and Buffalo · 1891
3Cited by3 opinions
- Powers v. BergmanMassachusetts Supreme Judicial Court · 1907
- Stocklen v. BarrettOregon Supreme Court · 1911
- Sullivan v. WatermanSupreme Court of Rhode Island · 1898