Dennison v. Smith

By the Court,

Bennett, J.

The defendant applied to the plaintiff for a bill of particulars of his demand. This was made out by the plaintiff’s attorney, and served upon the attorney for the defendant, but it was not verified by the plaintiff as required by statute. The cause was referred, and upon the hearing before the referee, the defendant objected to any evidence being given by the plaintiff to prove the items specified in the hill of particulars, for the reason that the same was not verified by the oath of the plaintiff. The referee sustained the objection, and nonsuited the plaintiff. The…