Andrews v. Cleveland
New York Supreme Court
Order for bill of particulars. Issue was joined in this cause on 24th September last; on the 11th November, notice of trial and inquest for the Erie circuit was served at Canandaigua on the agent of the defendant’s attorney, who resides in the city of New-York, for the 14th December.
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Order for bill of particulars. Issue was joined in this cause on 24th September last; on the 11th November, notice of trial and inquest for the Erie circuit was served at Canandaigua on the agent of the defendant’s attorney, who resides in the city of New-York, for the 14th December. On the 27th Novémber, the notice of trial being then received by the defendant’s attorney, application was made by the defendant to the recorder of New-York for an order for a bill of particulars, which was on that day granted, directing the plaintiff to appear at the recorder’s office on the 20th December, to…
1Opinion of the Court
By the Court,
Sutherland, J.
It is unnecessary to say how the Order to shew cause on a Sunday would have been regarded, as on the twenty first day of December, when the inquest was taken, its force as an order to stay proceedings was spent, and it was not continued by a peremptory order. The proceedings of the plaintiff were therefore *438entirely regular, and the motion to set aside the inquest wouj¿ he denied but for the affidavit of merits; and even on this ground the court have had their doubts. An order ^or a bill °f particulars may be made at any time before the trial, on the application of…
2Cited by2 opinions
- Fassett v. DorrNew York Supreme Court · 1834
- Bracken v. TolandAppellate Division of the Supreme Court of the State of New York · 1912