Moore v. Bates
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The complaint contained counts for grain sold, for the use of carriages and horses, for money loaned, etc., and also a count for one hundred and sixty dollars for the use and occupation of the plaintiff’s land, under a lease, within two years before the commencement of the action.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The complaint contained counts for grain sold, for the use of carriages and horses, for money loaned, etc., and also a count for one hundred and sixty dollars for the use and occupation of the plaintiff’s land, under a lease, within two years before the commencement of the action. On the day the case was called for trial, and before the commencement of the trial, the defendant’s attorney served on the plaintiff’s attorney a demand for a bill of particulars. The plaintiff did not comply with the demand. When…
1Opinion of the Court
By the Court:
It is not questioned by the appellant that the Court erred in its order excluding all evidence of the plaintiff in support of the allegations of his complaint, upon the ground that no bill of particulars had been furnished to the defendant in pursuance of the requirements of his notice and demand therefor. It is clear that at least the count for the value of the use and occupation of plaintiff’s land did not present a claim upon which a bill of particulars could be required. It is contended, however, that this error cannot be presented upon a motion for a new trial, but that the…
2Cited by6 opinions
- Carney v. SimmondsCalifornia Supreme Court · 1957
- Green v. DuvergeyCalifornia Supreme Court · 1905
- Stow v. Superior Court of Alameda Cty.California Supreme Court · 1918
- Allen v. California Mutual Building & Loan Ass'nCalifornia Court of Appeal · 1940
- Bice v. StevensCalifornia Court of Appeal · 1954
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