Rowan v. Merritt
New York Supreme Court
The defendants obtained an order for the plaintiff to shew cause why he should not deliver a bill of particulars, and that in the meantime all proceedings on the part of the plaintiff stay, A peremptory order was subsequently granted, but the defendants not serving it upon the plaintiff, he entered their default for not pleading, which was now moved to be set aside as irregularly entered.
1Opinion of the Court
By the Court.
The default was irregularly entered ; the defendants were not bound to serve the peremptory order for any purpose but to non-pross the plaintiff. The portion of the original order that in the meantime all proceedings on the part of the plaintiff stay, continues and is operative until the delivery of the bill of particulars, if a peremptory order be granted.
2Cited by1 opinion
- Fassett v. DorrNew York Supreme Court · 1834