Symonds v. Craw
New York Supreme Court
E. Griffin, for the defendant, moved for judgment of non pros, for not delivering a bill of particulars pursuant to an order. The declaration contained one special count with the general counts; and the order was founded upon, ■ and related to the latter. After this motion was noticed the plaintiff furnished a bill, but did not pay the costs. J. Steele opposed the application, insisting that the plaintiff could not he non prossed as to a part of the counts.
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E. Griffin, for the defendant, moved for judgment of non pros, for not delivering a bill of particulars pursuant to an order. The declaration contained one special count with the general counts; and the order was founded upon, ■ and related to the latter. After this motion was noticed the plaintiff furnished a bill, but did not pay the costs. J. Steele opposed the application, insisting that the plaintiff could not he non prossed as to a part of the counts. Besides, he said, a hill had been furnished; and, in either view, the motion must fail.
1Opinion of the Court
Curia.
We think differently. The motion must be granted as to the common counts, unless the plaintiff pay the costs of this application within thirty days. Furnishing a hill of particulars after notice given, would have been an answer to the present application, had the costs of the motion been paid up to the time of the bill furnished.
Rule accordingly:
2Cited by2 opinions
- Gross v. . ClarkNew York Court of Appeals · 1881
- Littlefield v. MurinNew York Supreme Court · 1849