Brewster v. Sackett
New York Supreme Court
A declaration, containing the general counts in assumpsit, having, on the 30¿/i May last, been served upon the agent of the defendant’s attorney, he, on affidavit of this fact, obtained the following order for a bill of particulars: “ Let the plaintiff in the above entitled cause furnish to the defendant, or his attorney, without delay, a bill of particulars of the demand upon which the above suit is founded; and in the mean time let all proceedings be stayed on the part of…
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A declaration, containing the general counts in assumpsit, having, on the 30¿/i May last, been served upon the agent of the defendant’s attorney, he, on affidavit of this fact, obtained the following order for a bill of particulars: “ Let the plaintiff in the above entitled cause furnish to the defendant, or his attorney, without delay, a bill of particulars of the demand upon which the above suit is founded; and in the mean time let all proceedings be stayed on the part of the plaintiflT, and let the defendant have the same length of time to plead after the service of the said bill of…
1Opinion of the Court
Curia.
The defendant proceeded irregularly. The order for a bill of particulars should have been, that a bill be furnished by the plaintiff, at a certain day ; or that he then shew cause why he had not furnished it. No good cause being shewn, thp order .would have become absolute, and the defendant might have moved for a non-pros, on a default to, deliver the bill upon the absolute order.
Motion denied, (a)
In all actions in which the plaintiff declares generally, without specifying the particulars of his cause of action, a Judge, upon application, will order him to give the defendant the…
2Cases cited4 opinions
- Willis v. BaileyNew York Supreme Court · 1822
- Ryckman v. HaightNew York Supreme Court · 1818
- Fleurot v. DurandNew York Supreme Court · 1817
- Mercer v. SayreNew York Supreme Court · 1808
3Cited by2 opinions
- Cudworth v. GaynorWisconsin Supreme Court · 1890
- Littlefield v. MurinNew York Supreme Court · 1849