Tilton v. Beecher
New York Court of Appeals
Appeal from an order of the General Term of the City Court of Brooklyn, affirming an order of Special Term, denying a motion on the part of defendant, for a bill of particulars. This was an action for crim. con.
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Appeal from an order of the General Term of the City Court of Brooklyn, affirming an order of Special Term, denying a motion on the part of defendant, for a bill of particulars. This was an action for crim. con. The complaint "alleged that defendant had criminal intercourse with plaintiff’s wife, “on or about the 10th day of October, 1868, and on divers other days and times after that day, and before the commencement of this action,” at the house of the plaintiff, and at the house of the defendant, in Brooklyn. ■ The motion was that plaintiff be required to deliver to defendant’s attorney “ a…
1Opinion of the CourtRapallo, J.
The only question arising upon the present appeal, which is re viewable in this court, is whether or not the court below had power to grant the application of the defendant. If it possessed that power, and under the mistaken impression that the power did not exist, denied the application on that ground, we have jurisdiction and it is our duty to correct that error of law, and remit the case to the court below, with a direction that the motion be heard, at Special Term upon the merits. (People v. N. Y. Central R. R. Co., 29 N. Y., 418; Brown v. Brown.*)
*181This is the extent to which we interfere…
2Cases cited7 opinions
- Wood v. WoodNew York Court of Chancery · 1830
- The People v. . the N.Y.C.R.R. Co.New York Court of Appeals · 1864
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Steele v. SteeleSupreme Court of Pennsylvania · 1789
- Brown v. . BrownNew York Court of Appeals · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Colon v. . LiskNew York Court of Appeals · 1897
- Phelan v. . BradyNew York Court of Appeals · 1890
- Pratt v. . ShortNew York Court of Appeals · 1880
- Dietz v. City of NeenahWisconsin Supreme Court · 1895
- The Saratoga County Bank v. . KingNew York Court of Appeals · 1870
14 more not listed; retrieve them via the Exa API.