Roosevelt v. Gardinier
New York Supreme Court
July 1, 1823, the defendant’s attorney received a decía- . . . . ration containing the common counts in assumpsit, and 12th, on a proper affidavit, he obtained from a Judge of the Common Pleas, who was a counsellor, &c., an order “ that all further proceedings be staid until the plaintiff’s attorney deliver to the defendant’s attorney, a bill of particuJ J r lars for which this action is brought.”
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July 1, 1823, the defendant’s attorney received a decía- . . . . ration containing the common counts in assumpsit, and 12th, on a proper affidavit, he obtained from a Judge of the Common Pleas, who was a counsellor, &c., an order “ that all further proceedings be staid until the plaintiff’s attorney deliver to the defendant’s attorney, a bill of particuJ J r lars for which this action is brought.” In the title of the order, in the name of Cornelius V. S. Roosevelt, the letters V. S. were omitted. The plaintiff’s attorney believing this order to be a nullity on the face of it, paid no…
1Opinion of the Court
Curia.
The case cited from. Bosanquet & Puller, is in point to show that, in the Common Pleas, the defendant has no right to. demand a particular, till after he has appeared to the action; but we find that the practice is different in the Court of King’s Bench. In, Derry v. Lloyd, (1 Chit. Rep. 724,) it was decided that the defendant may obtain an order for a particular before appearance. In a note to that case, Chitty cites Impey’s K. B. 8th ed. where the same doctrine is laid down and the difference between the prac- . tice of the Common Pleas and King’s Bench is noticed. The reason given in…
2Cases cited1 opinion
- Franklin v. TalmadgeNew York Supreme Court · 1809
3Cited by7 opinions
- Edmundson v. StateSupreme Court of Alabama · 1850
- Johnson v. HessIndiana Supreme Court · 1890
- Choen v. StateIndiana Supreme Court · 1876
- Doane v. GlennSupreme Court of Colorado · 1872
- Weber v. FowlerNew York Supreme Court · 1854
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