¶1It is questionable whether the defendants have been strictly regular. There was no ground for a bill of particulars, so far as two special counts are concerned. But, without settling any point of practice, I will make an order which will answer the purpose of both parties, as the plaintiff admits that he has no evidence under the common counts. Ordered, that the common counts be stricken out of plaintiff’s declaration.
2 How. Pr. 250
Stephens v. Jackson
Decided September 15, 1846
New York Supreme Court · decided 1846-09-15
Motion by defendants for judgment of nonpros. Defendants’ papers showed that an altere ative ana peremptory order had been obtained and served on plaintiff’s attorney, requiring the plaintiff to furnish the *attorney for the defendants with an account in writing of the particulars of his demand, for which this action was brought; and that no bill of particulars had been furnished pursuant to such orders.
Decided 1846-09-15