Vila v. Weston
Supreme Court of Connecticut
Assumpsit, against the defendant as surviving partner of the firm of Imlay & Weston. The declaration contained a special count upon a promissory note of the firm, and the common counts in general assumpsit, with a factorizing' process attached. The suit was brought to the September Term of the superior court in Hartford county in the year 1859, and judgment taken by default at that term.
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Assumpsit, against the defendant as surviving partner of the firm of Imlay & Weston. The declaration contained a special count upon a promissory note of the firm, and the common counts in general assumpsit, with a factorizing' process attached. The suit was brought to the September Term of the superior court in Hartford county in the year 1859, and judgment taken by default at that term. This judgment was reversed at the December term of the court in the year 1862, and the case again entered on the docket for trial. The plaintiff was the owner of the note when the suit was brought and…
1Opinion of the CourtButler, J.
A bill of particulars is demandable by the defendant of. right, where there are general counts. It may be asked for in respect to one or all the counts. If required and ordered for all the counts, it limits the right of the plaintiff to give evidence in respect to all. If not required at all, the defendant waives, or rather does not exercise his right, and if required in respect to .one or a part of the counts, the right is waived as to the others. So the plaintiff may voluntarily give a bill of particulars in respect to one or all the counts, and he will be concluded to the same extent as if…
2Cases cited1 opinion
- People ex rel. Waring v. Monroe C. P.New York Supreme Court · 1830
3Cited by12 opinions
- Plumb v. CurtisSupreme Court of Connecticut · 1895
- Reilly v. StateSupreme Court of Connecticut · 1934
- King v. MillerOregon Supreme Court · 1908
- Armstrong & Latta Co. v. Wilmington Sugar Refining Co.Superior Court of Delaware · 1922
- Morehouse v. ThrockmortonSupreme Court of Connecticut · 1899
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