Majority
p. 582Charles H. Loeber, Respondent v. Isaiah L. Roberts, Appellant. Decided May 5, 1890. Before Sedgwick, Ch. J., Truax and Dugro, JJ.
Headnote
Appeal from an order requiring a bill of particulars.A. S. Cushman, for appellant. William C. Beecher, for respondent.
The order should be modified so as to require defendant to furnish a bill of particulars specifying the materials referred to, or in case he states in the bill that he is unable to specify them, or any of them, to give a sufficient reason why he is unable to be more specific, and further to give the description of such materials as fully as he is able to. The order as thus modified should be affirmed with costs.