Faller v. Ranger
New York Supreme Court
Motion by plaintiff to compel the acceptance of a bill of particulars.
1Opinion of the CourtGiegerich, J.
The plaintiff having been directed by an order of court to furnish a bill of particulars served one which plainly failed to comply with the terms of the order, whereupon the defendant returned the bill with a notice indorsed thereon that it was insufficient and irregular in not complying with the order and further specifying in what respects it failed to so comply. A motion is now made on behalf of the plaintiff to compel the acceptance of service of the bill, the ground taken being that the remedy of the defendant was not to return the bill, but to move for a further one. The only decision…
2Cases cited1 opinion
- Barnes v. HenshawNew York Supreme Court · 1839