Ball v. Evening Post Publishing Co.
New York Supreme Court
Appeal by tbe plaintiff from an order of the Erie Special Term denying a motion made by him to stay the defendant’s proceedings, under an order before then made for the examination of the plaintiff, until after the service by the defendant of a bill of particulars pursuant to an order requiring it to do so. The appeal from the order requiring the defendant to serve a bill of particulars, is reported in full in 38 Hun 11
1Opinion of the Court
Bradley, J.:
The action is for alleged libel. The answer alleges matters in mitigation and in justification. The plaintiff obtained an order directing the defendant to furnish a bill of particulars, and on the defendant’s application an order was made for the examination of the plaintiff. The purpose of the plaintiff’s motion was to require the defendant to furnish a bill of particulars before the examination of the plaintiff and to obtain a stay of such examination until then. This motion was one within the discretion of the court and was denied. Our attention is called to no rule of law or…
2Cases cited5 opinions
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Matthews v. . HubbardNew York Court of Appeals · 1872
- Gross v. . ClarkNew York Court of Appeals · 1881
- Ryckman v. HaightNew York Supreme Court · 1818
- Case v. . PharisNew York Court of Appeals · 1887