¶1I concur upon the ground that the court should, in framing the issues as to adultery, (which are the only issues to be tried by a jury,) see that such issues are sufficiently definite and certain to apprise the defendant of the specific charges which he is called upon to meet.
¶2I concur upon the same ground. The issues to be framed
¶3should be specific.
¶4MOTION TO MAKE COMPLAINT MORE DEFINITE AND CERTAIN.
¶5The answer of the defendant in this action was served on the
¶617th of November, 1888, and the notice of motion to make the complaint more definite and certain was not given until the latter part of January, 1889. This entitled the plaintiff to a denial of the motion; for, by rule 22 of the general rules of practice, a motion of this description is required to be made before the service of a demurrer or an answer. The order accordingly should be affirmed, with $10 costs, and also the disbursements. All concur.