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Mitchell v. Yerger

19 Del. 87 3 Penne. 87 Court Superior Court, New Castle County, Decision date 1901-01-09 Docket Action on the Case No. 123 English

Contents

Majority

p. 87
Frank A. Mitchell vs. Harry Yerger and Charles W. White.

Headnote

Case—Bill of Particulars—Pleading—Practice—Amendment— Withdrawing All Pleas— Waiver by Pleading.
Upon an application by defendant, for leave to amend by withdrawing all of his pleas, and that the plaintiff be required to file a more specific bill of particulars, the Court granted the leave to amend, but refused to make the order on the plaintiff to file a more specific bill of particulars, on the ground that the defendant had waived his right by pleading after the bill of particulars had been filed.
(January 9, 1901.)
Lore, C. J., and Grubb, J. sitting.
William S. Hilles for plaintiff.
Benjamin Nields for the defendant Yerger.
Superior Court, New Castle County,
November Term, 1900.
Action on the Case (No. 123,
May Term, 1900).
Benjamin Nields,
for the defendant Yerger, asked leave to amend by withdrawing all his pleas and then asked that the plaintiff be required to file a more specific bill of particulars.

The Court granted the defendant leave to amend but refused to make the order on the plaintiff to file a more specific bill of particulars, on the ground that the defendant had waived his right by pleading after the bill of particulars had been filed.