Cline v. Broy

Plaintiff in error, it is said, was entitled to a new trial, for the reason that no bill of particulars was filed with the declaration, and because the jury adopted an illegal mode of ascertaining their verdict. The record shows that a bill of particulars was produced upon the trial, which the clerk testified was sent to him with the declaration, but which he omitted to mark “filed.” This omission by the clerk cannot prejudice the rights of the plaintiff. The defendant in a case of this kind is entitled to a continuance, if no bill of particulars is filed, but cannot exclude plaintiff’s *90eviden…