Vermont Academy of Medicine v. Landon
New York Supreme Court
Bill of particulars. On the sixth day of March last, a declaration was served on the defendant’s attorney; on ^he eighteenth, an order for a bill of particulars was serv- ° , 1 ed. It was an order that the plaintiffs deliver a bill of parhcu]ars before the first day of April then next, or shew cause before the commissioner granting the same, why such bill should not be delivered, but it did not direct a stay of proceedings in the mean time.
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Bill of particulars. On the sixth day of March last, a declaration was served on the defendant’s attorney; on ^he eighteenth, an order for a bill of particulars was serv- ° , 1 ed. It was an order that the plaintiffs deliver a bill of parhcu]ars before the first day of April then next, or shew cause before the commissioner granting the same, why such bill should not be delivered, but it did not direct a stay of proceedings in the mean time. On the sixteenth day of April, the plaintiffs entered the defendant’s default for not pleading. On the twenty-third day of April, a peremptory order for a…
1Opinion of the Court
By the Court, Savage, Cl). J.
An order for a bill of particulars is not in itself a stay of proceedings. It has not that effect unless it directs a stay bf proceedings. The precedents, both in the king’s bench and this court, uniformly contain such direction. Not being contained in cthe first order served in this case, the plaintiff was at liberty to proceed and enter the defendant’s default for not pleading. The rule of last term is vacated, and the defendant’s default is set aside on payment of the costs of the same, and of this motion.
Anon.
Allowance to «commissioners in partition $3 Per…
2Cited by1 opinion
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