Cassidy v. Lehigh Valley R.

MOSCOWITZ, District Judge.

The motion for a bill of particulars herein is opposed upon the ground that the affidavit upon which the demand for a bill of particulars is made is verified by the attorney instead of an officer of the defendant.

The affidavit is as follows:

“State of New York, County of New York ss.:

“Herbert S. Ogden, being duly sworn, deposes and says that he is an attorney and counsellor at law and a member of the firm of Alexander & Green, the attorneys for the defendant in the above entitled action, and that he is counsel for the defendant therein.

“That, from a statement of the…