Kirby v. Kirby
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles H. Kirby, from' an order of the Supreme Coiirt, made at the Dutchess County Special Term and entered in the office of the clerk of the county of Dutchess on the 10th day of August, 1898, denying the defendant’s motion for a hill of particulars.
1Opinion of the Court
The following is the opinion' of Barnard, J., at Special Term:
Barnard, J.:
A bill of particulars would be a difficult matter to frame in an action such as this. A wife charges her husband’s uncle with alienating her husband’s affection and breaking up her home. There is no impropriety alleged other than a continued depreciation of the plaintiff as a wife. Such a complaint must be made out by proof presumably of many instances and probably on many occasions; here a little and there a little. The general allegation is made: You depreciated me to my husband and destroyed my happiness. Such a…
2Cited by1 opinion
- Loeb v. LoebAppellate Division of the Supreme Court of the State of New York · 1933