Legal Opinion
Groff v. Hagan
City of New York Municipal Court
Decided June 15, 1895PublishedCited by 2 opinions
Appeal from order requiring a bill of particulars.
1Opinion of the CourtNewburger, J.
Without considering all the questions raised by the appellant, there is one reason why the order appealed from should be reversed.
The affidavit upon which the order is made is by the attorney for the plaintiff.
It has been repeatedly held that an order for a bill of particulars will not be granted on the affidavit of the attorney. Van Olinda v. Hall, 31 N. Y. Supp. 495; Dueber Co. v. Keystone Co., 21 id. 442; Gridley v. Gridley, 7 Civ. Proc. Rep. 215.
The order appealed from must, therefore, be reversed, with costs.
2ConcurrenceConlan, J.
Order reversed, with costs.
3Cases cited1 opinion
- Van Olinda v. HallNew York Supreme Court · 1894
4Cited by2 opinions
- Webster v. Fitchburg RailroadNew York Supreme Court · 1900
- Mori v. PearsallCity of New York Municipal Court · 1895