Parke, Davis & Co. v. Rouden
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Parke, Davis & Co. against Adolph Rouden. From an order requiring a further bill of particulars, defendant appeals.
1Opinion of the CourtGildersleeve, P. J.
The defendant herein, appeals from an order of the City Court requiring him to make a “further” bill of particulars in this action or to be precluded from giving evidence as to the items of his counterclaim. The order appealed from fails to recite that the pleadings were before the court when it determined the plaintiffs’ motion which culminated in the order appealed from. Appellate courts can only consider those papers which the order itself by its recitals shows were before the lower court. Price v. Western Distillery Co. (Sup.) 114 N. Y. Supp. 714, and cases there cited.
A motion for a bill…
2Cases cited1 opinion
- Price v. Western Distillery Co.Appellate Terms of the Supreme Court of New York · 1909