Fleurot v. Durand — 14 Johns. 329

Majority

p. 329

Fleurot against Durand.

ALBANY,

August, 1817.

Headnote

If the plaintiff neglects to de" liver to the de” fendant the of his demand, to an order for thatpurpose, the defendant is entitled to move for judgment as in case of nm pros.

Henry, for the defendant, moved for judgment as in case of non pros, on the ground that the plaintiff had not delivered the particulars of his demand, pursuant to the order made and served on him, by the defendant, for that purpose.

Burr, contra.

There appears to be no established rule of practice in this respect. As the particulars of the plaintiff’s may be deemed as part of his declaration, we think it the proper course for the defendant to move for judgment, as in case of non pros, for want of the bill of particulars, as he might have done for want of a declaration. We, therefore, grant the rule that the plaintiff furnish to the defendant the particulars of his demand, in twenty days, or that a judgment of non pros be entered.

Rule granted.