Legal Opinion
Yerkey v. Wright
Superior Court of Delaware
Decided March 10, 1944No. 104PublishedCited by 1 opinion
1Opinion of the Court
Rodney, J.,
delivering the opinion of the Court:
*476In Delaware the granting of a Bill of Particulars, except in actions of assumpsit, is not subject to that latitude of application prevailing in many states. This is especially true as to actions sounding in tort. A Bill of Particulars has been specifically refused in an action of slander, MacDonough v. Beck Shoe Corp., 2 Terry (41 Del.) 59,15 A. 2d 436.
The power exists in the court to order a Bill of Particulars in any case, but such power is usually exercised only when it appears that justice cannot be done at the trial without it. Eliason v.…
2Cases cited9 opinions
- Penry v. DozierSupreme Court of Alabama · 1909
- Warner v. LockerbySupreme Court of Minnesota · 1881
- Mason v. ClarkAppellate Division of the Supreme Court of the State of New York · 1902
- MacDonough v. A. S. Beck Shoe Corp.Supreme Court of Delaware · 1940
- Eliason v. DraperSuperior Court of Delaware · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sharp v. HayesSuperior Court of Delaware · 1946