Majority
p. 617Harman vs. Glover & Smith.
Headnote
After the service of a peremptory order for a bill of particulars, a plaintiff has 24 hours to furnish it; and if before the expiration of that time the defendant gives notice of motion for judgment of nmi-pross, he will be ordered to pay costs.The defendant, after an order to shew cause, obtained a peremptory order for a bill of particulars, and served it on the plaintiff’s attorney, and on the same day served a notice of a motion for judgment of non-pross. On the next day after the service of the peremptory order, the plaintiff’s attorney served a bill of particulars.
By the Court,
The motion is denied, with costs. Upon service of the peremptory order, the plaintiff was bound to furnish a bill of particulars instanter, which, within our rules, means 24 hours; and within that time the bill in this case was delivered.