Legal Opinion
Sharp v. Hayes
Superior Court of Delaware
Decided December 5, 1946No. Nos. 229 and 230PublishedCited by 3 opinions
1Opinion of the Court
Speakman, Judge:
In this State there is no statute or rule of court providing for bills of particulars in tort actions, but notwithstanding this, it is within the discretionary power of the court to order a bill of particulars in such actions. The power may be exercised whenever it appears that justice cannot be done at the trial without it. Eliason v. Draper, 2 Boyce (25 Del.) 64, 77 A. 769; Yerkey v. Wright, 3 Terry (42 Del.) 474, 36 A. 2d 366.
Eliason v. Draper was an action for enticing away plaintiff’s husband and alienating from her his affections. There the action was in case. The…
2Cases cited4 opinions
- MacDonough v. A. S. Beck Shoe Corp.Supreme Court of Delaware · 1940
- Eliason v. DraperSuperior Court of Delaware · 1910
- Oppenheim v. Sterling Tire Corp.Superior Court of Delaware · 1924
- Yerkey v. WrightSuperior Court of Delaware · 1944
3Cited by3 opinions
- Bullock v. MaagSuperior Court of Delaware · 1952
- Carol E. Thouron v. Carol Victoria K. McCoyCourt of Appeals for the Third Circuit · 1973
- Carol E. Thouron v. Carol Victoria K. McCoyCourt of Appeals for the Third Circuit · 1973