Butler v. Mann
New York Supreme Court
Motion for bill of particulars. Samuel Butler, as supervisor of the town of Bichmondville, sued Tobias Mann and others on an official bond. Defendants now moved to compel the plaintiff to furnish a bill of particulars.
1Opinion of the CourtIngalls, J.
Section 531 of the Code of Civil Procedure provides: “The court may in any case direct a bill of particulars of the claim of either party to be delivered to the adverse party.” This provision confers upon the court a broad judicial discretion, and is declaratory of a practice which existed anterior to the adoption of the Code, but which was very sparingly exercised in this State (Tilton v. Beecher, 59 N. Y. 176). The power thus conferred should be prudently employed, with the view to enable parties to prepare their pleadings and evidence for the trial of the. real issues involved in an…
2Cases cited2 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Young v. De MottNew York Supreme Court · 1847
3Cited by4 opinions
- Turner v. Great Northern Railway Co.Washington Supreme Court · 1896
- Hicks v. Serano, New York County Courts1911
- De la Rosa v. Sucrerie Centrale Coloso de Porto RicoDistrict Court, D. Puerto Rico · 1917
- Perzel v. ShookThe Superior Court of New York City · 1884