McKenna v. United States Lines, Inc.

HULBERT, District Judge.

Defendant moves for 'a bill of particulars.

Before the new Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, were promulgated, if a pleading were defective the‘remedy was to move for an order directing that it be made more definite and certain. A bill of particulars could not be had until after issue joined.

Apparently Rule 12 (e) was designed to avoid any distinction between these two practice motions (Moore’s Federal Practice, page 654) and it seems that either motion must be made within twenty days after service of the pleading to which it is…