Hyperlawhypertext legal database Segall v. Segall 114 N.Y.S. 1025

← Cases

Segall v. Segall

114 N.Y.S. 1025 Court N.Y. App. Div. Decision date 1909-02-19 English

Contents

Majority

p. 1025
SEGALL v. SEGALL.
(Supreme Court, Appellate Division, First Department.
February 19, 1909.)

Headnote

Pleading (§ 327[1] )—Bill of Particulars—Variance Between Bill and Complaint.
Where a bill of particulars limiting the general allegation of the complaint was served after the issues were framed, the issues framed should be confined to the allegations in the bill of particulars.
[Ed. Note.—For other cases, see Pleading, Cent. Dig. § 994; Dec. Dig. § 327.*]
Appeal from Special Term, New York County.
Action by Louis Segall against Rosie B. Segall. From an order of the Special Term framing issues, etc., defendant appealed. Reversed, and remanded for further proceedings.
Argued before INGRAHAM, McLAUGHLIN, LAUGHLIN, CLARKE, and SCOTT, JJ.
B. E. Spellman, for appellant.
Saul E. Rogers, for respondent.

The parties on the argument having conceded that, since the framing of the issues in this case, a bill of particulars has been served, limiting the general allegations of the complaint, the issues as framed should be confined to the charge as made in the bill of particulars.

The order should therefore be reversed, and the case sent back to Special Term to frame issues in accordance herewith, with $10 costs and disbursements of this appeal to the appellant to abide the event.