Majority
Headnote
Action by Henry R. Drowne against Louisa F. Drowne. From an order granting a bill of particulars, plaintiff appeals.The order appealed from should be modified by striking out all of the third, fourth, and ninth subdivisions, and modifying the sixth, seventh, and eighth subdivisions as follows: The sixth, by requiring the plaintiff to state only “the names of the other man or men” with whom the adultery is alleged to have been committed, if known to the plaintiff, and, if not known, a description of such man or men, so far as known to plaintiff, together with a statement of the times when and the places where, during the months of November and December, 1904, and January, 1903, such acts of adultery are alleged to have been committed; the seventh, by requiring the plaintiff to state only the names of “the other men” referred to in subdivision ninth of the complaint, if known to the plaintiff, and, if not known, a description of such men with whom said acts of adultery are alleged to have been committed, so far as known to plaintiff, and the times in the months of November and December, 1905, and January, February, and March, 190G, when such acts are alleged to have been committed; the eighth, by requiring the plaintiff to state only the names of “the other man or men” therein referred to, if known to the plaintiff, and if not known, a description of such other man or men, so far as known to plaintiff—and, as thus modified, the order is affirmed, without costs.