Gross v. . Clark
New York Court of Appeals
Appeal from order' of the General Term of the Supreme Court, in the first judicial department, made May 27, 1881, which affirmed an order of Special Term, striking out plaintiffs’ complaint herein. The material facts are stated in the opinion. The only penalty the court has power to impose for non-service of a bill of particulars in any case is that prescribed by the Code, i. e., to preclude evidence of such particulars at the trial.
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Appeal from order' of the General Term of the Supreme Court, in the first judicial department, made May 27, 1881, which affirmed an order of Special Term, striking out plaintiffs’ complaint herein. The material facts are stated in the opinion. The only penalty the court has power to impose for non-service of a bill of particulars in any case is that prescribed by the Code, i. e., to preclude evidence of such particulars at the trial. (Code of Civil Procedure, § 531; Goings v. Patten, 1 Daly, 170; S. C., 17 Abb. 339; Mercer v. Sayre, 3 Johns. 248; Watt v. Watt, 2 Robt. 685; Steph. on Plead.…
1Opinion of the CourtEarl, J.
After the plaintiffs served their complaint in this
action, the defendant obtained an order at a Special Term of the Supreme Court, upon notice to the plaintiffs, requiring them to serve a bill of particulars upon him within ten days thereafter, and extending his time to answer till ten days after such service. They not having served the bill of particulars as required, he thereafter obtained an order at Special Term, requiring them to show cause why the complaint should not be stricken out.
• Hpon hearing the order to show cause, the court ordered the complaint to be stricken out and…
2Cases cited2 opinions
- Symonds v. CrawNew York Supreme Court · 1826
- Wetmore v. JennysNew York Supreme Court · 1847
3Cited by17 opinions
- Bejda v. SGL Industries, Inc.Illinois Supreme Court · 1980
- In re the Intermediate Judicial Settlement of the Account of KeaneNew York Surrogate's Court · 1916
- In re the Judicial Settlement of the Account of PotterNew York Surrogate's Court · 1919
- Lipman v. BechhoeferSupreme Court of Minnesota · 1918
- Harney v. HarneyAppellate Division of the Supreme Court of the State of New York · 1905
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