Carrillo v. Carrillo
New York Supreme Court
Appeal from special term, Hew York county. Action for divorce. Defendant appeals from an order denying a motion for a bill of particulars, and also from an order denying a motion to make the complaint more definite and certain.
1Opinion of the CourtDaniels, J.
The complaint, which is for a divorce, alleged adultery on the part of the defendant at the city of Havana, in the island of Cuba, at divers times between the 1st of January, 1887, and the commencement of the action, with a woman whose name is unknown to the plaintiff. And it wras principally as to this averment that the motion was made for a bill of particulars; and ordinarily, where the motion is sustained by the affidavit of the party, stating his inability to meet the charge, without a more particular description or statement of the facts attending it, a bill of particulars may be…
2Cases cited2 opinions
- Wood v. WoodNew York Court of Chancery · 1830
- Mitchell v. . MitchellNew York Court of Appeals · 1875
3Cited by6 opinions
- Bush v. BushAppellate Division of the Supreme Court of the State of New York · 1905
- Whitney v. WhitneyNew York Supreme Court · 1894
- Klock v. BrennanNew York Supreme Court · 1891
- Bush v. BushAppellate Division of the Supreme Court of the State of New York · 1905
- Gibson v. GibsonNew York Supreme Court · 1893
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