Clinton v. Lyon

Supreme Court of New Jersey

Clinton v. Lyon

3 N.J.L. 1036

DecidedSeptember 15, 1813

StatusPublished

This text of 3 N.J.L. 1036 (Clinton v. Lyon) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clinton v. Lyon, 3 N.J.L. 1036 (N.J. 1813).

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Opinion

By the Court.

— We all think the court below erred; that the testimony offered would have been sufficient, if proved, to establish the bill of particulars, circumstanced as this case was; the bill of particulars produced, being in the handwriting of the plaintiff’s attorney, and signed by him, the bill having [*] been given, is evidence of itself, of its having been required.

Let the judgment be reversed, and in case a venire de novo should' be moved, the plaintiff, if he requires it, may have leave to amend the bill of particulars.? — Time being given plead de novo, if required.

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By the Court.

— We all think the court below erred; that the testimony offered would have been sufficient, if proved, to establish the bill of particulars, circumstanced as this case was; the bill of particulars produced, being in the handwriting of the plaintiff’s attorney, and signed by him, the bill having [*] been given, is evidence of itself, of its having been required.

Let the judgment be reversed, and in case a venire de novo should' be moved, the plaintiff, if he requires it, may have leave to amend the bill of particulars.? — Time being given plead de novo, if required.

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Bluebook (online)

3 N.J.L. 1036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clinton-v-lyon-nj-1813.