Brockway Glass Co. v. Hartford-Empire Co.

KNIGHT, District Judge.

Rule 12(e) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, has been and is certain to be a source of much labor for the courts. It will be made less onerous if the courts, as they should, strictly construe the rule as applicable only to particulars sufficiently definite to enable a party to prepare a responsive pleading and construe “preparation for trial” as comprehended in the words “to prepare his responsive pleading.” That clearly was the intent as respects a motion for a bill of particulars. If the party is fully advised of the meaning of the…