, 1874-11-02

Established Church at Ecotland {I'reabytorian)
o"ns III .260 Churches cducatcs ld0, ,10D ucholarB,
snn .a misotonary purposes. Within twonty yoara,
10Y parsh chapcls cobting S50D,000, have boon
endowed at1d erected
T1LToN VERSUS 1sElsCIlER,
judge netlson Denies MIR. 1scccl,cr,s
apptcntaon for a 1el1l Of Particulars
-~9lis Reasons for tlao ncclsto,t.
Fron. tbs tfew Fort S.tn, ocf, n.
In tho City Court Of Drooklyn yesterday Judro
Nelson dcuiod tho application ot Mr.. Boocbor's
counsel that afr. 1iton DO required tu futnis], a
bill OF particulars in tho following tlcclafon:
~, The complaint ctargea M That to 1eiendsnt comc
M TronE 4a acts sn 'tea "oa a 81 aeo NE I ay q
Ter lint day an before tho commencement Of Ills &C.
tton. at tlio hoHo ot tho defendant, 12i Columbia
street, Cty Of nrookyn aud h the hose ot the plain-
tul, ia Livingston Htroe, IN snia city"
AZ answer !ensns tas charge hns been put in aud
An application Is made for an order requiring
the la3ntitf to t1nrcr u tho deteudants nttorncys
I'D a rF egds d 9 e tass s' and )
committed md confessed my stch acts.
A. to u'a places whero tho plantiG rnay expect Or
1ntend to prove TINT thu Rcts were conuittc the
Iloinformaion 4hat point sought ly tho apl,lica.
sons ho sopa i scn aud nropery so unsr
our eysem Of pleanga tl!e fuels ore to 10 cot forth,
bfucuE8 OF fHGl8 1Q11 ut4tHCttcn
hss been enforced by an nnnrokeu chaln Of decieons
Whr' therefore, tho rlatutiTn Is stated IN tho
complaint tho claim ot wrong being Of which tho
law takea coguznnce, tho plcacr In not allowed TO adl
aScrncns disclosing tho oral proof by which llc ex-
rccts or intends to support establish hia caRe on tho
t1ia1.
Dat It Is shown by a;tlayi.s that tho plaintiff, who
could not have alleged tn his complaint thst stch con
fessionb ha bcen nude and might hayo been pru,ont-
y rottccnt on tho subjuct, bag stacd III newspaper
fhA
required to aato when and whore eac confcsaoua il
any wcre madc. The question is not simply whether
ioua Information, bit who.hcr tho Court has tllc
rowor to mako such requssitton: am satancd that
noyation IN anonsiy in prscsice 4 eyery aafcnaant int
WIG learns tast eso may hs A. attempt to prsvo ad
alo1 sSa ~ meo ST. sa hs .
Tho only remaining ground Of application Is as to
the times whom the plaintiff expects and intonds to
Ths ce%pls!nt % sss sss Ias: "on about The 1o!
ttnacs after that day." 10 That good and Correct
eang nns oy sses that form for ths aeon and
o. eers 9a,y d5ys p T. bay
chiy II. ta3 Dns any qnsstion could 10 sa,scl il
respect % that form the defendant should have applied
In ease Of this preceo uatnre tho complaint did not
frecfy tha posoe. not oven tho county, and Judge
ansvez. That til plastlee prescri5sd ~ tIo
Gods.
Ehues me fommoh-nW sJstena OF pleadlnB. earc-
cta5 where the coinon courta uaei, Ietentl-
ant might have been taken by eurpreo to tho mat
tars touching Which ho lad Tue right 10 b iufosned,
Inherent inausarasca practice d the natu1e
courts Of iaW acquire tho rght 70 ordor discovery
"a insreeon Ha' of papc "a but Th speesi llnationa
uars In certain cases, especially to the items OF an
account. {codc, 1ss., The elaborate brief hand.
large collection Of In which nch power has been
exercised, With interesting analogek and illustrations
Dnt mono Of tho casea apply to Tho legal question
r. his tssatt.s snsa en rfset'ee" n; Sherman
nee.. W. sl5; st.anaTd u. uil!ihorno Stng.. II.
&. s3s; snsllnF ". chonne!s. p9vl, :. 9: soi.s
- IN ~ ssi9n r e Fl Psfsess Injuries. sembo
such bills arc not granted IN an action for tort to.
Wit: TINT the censn Of action must utmost nlwaya ap-
n1r With aGftcinnt dtsnctness IN tho complaint ia
fers . cowen X, $. wherea bin q particulars waa
= q! - sa
and to Dowl. 9. 3D. and Exoh. 696, to tho point
n sssps @h 1 e sas ls ass a e os
not know what the plaintiff II sutng for.
Ths lsst proposoa . sC1or s wh II, seyer. las ca:t.
ished II tho dcfenlunt already has, from the nn-
ture Of the nlst haro, tho best fullest kuow-
i. w. ass; C. b. T. s., sss; Ho1s. r. 'nsSs ss
ind, az to tho general theory; !ato learned and
ss ps t. 's ss r s.rss & % ss
their preparations and Of attack and de-
fcnse" q Abb, Pr y. s., aaa};
n Inv hsa beeu regarded nlotcr proper for 1egsla
tive direction zther than fos such direction tho
might in each chooso to grant, our statutes, Is
eoreng dlseoyer IL Tespset TO betting nna ming
sious Transactions Il t. g. 73 and in rcsrect to attor
neya u r. Y. 49, i7a} might well bo referred to.
Moreover, ss Eaes Of psasee must BY sene raj, mt
changed materially to conform to particular casca,
plaintiff may 30 shopo hia case to meet e1igepGcs,
where witnesses are hostile aud refuse d disclose
tile facts until compelled to 10 ~ on tho trial.
hut. as hnvc said tho question Is to tho power
Of tho Court, power to be exercised with special
TeteTsnse 70 ~ system # pras,se estab!tshs the
a seton eha ,e statesl in tie eompaint % and how iowa
pleading II defective, may b. perfected It gives to
complaint remedies mich full and adequate ths,
| tho complaint mado moro dcnne aud certan, mud
wher0 tho cain can b. fatuzed may also have bill
osaasne the adversary % oah baoss tral snd ese
na tho oodn nllows bill Of particulars Of tho clatn
II the wrcTg DO tic conversion Of rersoual roperty
tho enumeration description Of II would bo as to ta
particulars Of tho Claim nut an action Of this particular
stated and described In tho general allegation neces
sarlly contained In tho complaint. E1trancos iuci-
dents there may he, enhancing or diminishing tic
grievance hut nothing further could bs said 40 10 tho
cium itBe!f. When treattng of ciaims III re-
specs to property, OF contracts, or sccounts, differ
| cut rule applies
In this case thu right to moyo that tho complaint bo
fuado mora delnlto md certain has been waived In
several cases the courts hare held that such waiver
was confession that tle poat!iug was sufficient
such motion waa simple and tao appropriate rem.
intended Us Substitute. But the question Ii not 1t
much moment to the i fensau, the information 10
which hn could have been entitled may vet ha obtaleI
by examining tho pasntlr before the trial.
I think thut the practtro established by tho Code
ainty and consistency be obtained; and tint NJ at-
enpt by tho c1urk to cVas that practice. mud sMba
ue oer mo0ca Of procedure, would 10 unNiap, If np
rcprehenslble,
The application is dsnied, but without costs.
j. NEILsoS, J. q, O.
v3N Ar1sYNes