Flintosh v. Elko

Sheely, P. J.,

Defendant’s attorneys of record filed a petition for a more specific statement of claim which was verified by the affidavit of one of them. Plaintiff, in her answer, contends: (1) That such a petition can be filed only by a party to the record; (2) that the matters concerning which petitioner desires a more specific statement are matters fully within the knowledge of defendant.

There is no merit whatever in the first contention of plaintiff. Petitions or motions for more specific statements of claim raise purely legal questions which are determined on the face of the record.…