May v. Richardson — 4 Cow. 56

Majority

p. 56

May against Richardson and others.

Headnote

for a bill of particulars beluteajinstüié plaintiff, the movodaformaa rule that the and™ pay the costs of the motion, or that judgment of SH? l°

the 30th September last, an Order for a bill of particulars was made absolute against the plaintiff upon a regular or^er t° show cause, and served on the agent of the plaintiff’s attorney on the 9th October.

A motion was now made for judgment of non-pros; and that the plaintiff pay the costs of this motion,

J. S. Tallmadge, for the motion,

A. C. Paige, contra.

Upon an order for a bill of particulars absolute against the plaintiff, the defendant moves this Court, who. make a rule for judgment of non-pros, nisi. As the party disobeying the order is in fault, it is reasonable that he should pay the costs of the motion. In this case, let the plaintiff deliver a bill in 20 days, and pay the costs of this motion or judgment of non-pros may be entered.

Rule accordingly.