Lost Trail, Inc. v. Allied Mills, Inc.

E.D. Illinois

Lost Trail, Inc. v. Allied Mills, Inc.

26 F. Supp. 98, 1938 U.S. Dist. LEXIS 1378

CourtDistrict Court, E.D. Illinois

DecidedDecember 29, 1938

DocketNo. 22

StatusPublished

This text of 26 F. Supp. 98 (Lost Trail, Inc. v. Allied Mills, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lost Trail, Inc. v. Allied Mills, Inc., 26 F. Supp. 98, 1938 U.S. Dist. LEXIS 1378 (illinoised 1938).

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Opinion

WHAM, District Judge.

This matter comes before the court upon defendant’s motion to make the plaintiff’s complaint more definite.

As I read the Rules of Civil Procedure, the complaint conforms to their requirements. Rule 8(a), 28 U.S.C.A. following section 723c. Other methods are provided by the rules for obtaining additional particulars, if needed, in order to enable the defendant to prepare its responsive pleading or to prepare for trial. Rules 12(e), 26 to 37, and, perhaps, others. It would seem that one of the proceedings made available under the last mentioned rules should be followed here rather than for the court to require the plaintiff to attempt to disclose the information sought in the complaint itself.

Defendant’s motion will be and is hereby denied.

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WHAM, District Judge.

This matter comes before the court upon defendant’s motion to make the plaintiff’s complaint more definite.

As I read the Rules of Civil Procedure, the complaint conforms to their requirements. Rule 8(a), 28 U.S.C.A. following section 723c. Other methods are provided by the rules for obtaining additional particulars, if needed, in order to enable the defendant to prepare its responsive pleading or to prepare for trial. Rules 12(e), 26 to 37, and, perhaps, others. It would seem that one of the proceedings made available under the last mentioned rules should be followed here rather than for the court to require the plaintiff to attempt to disclose the information sought in the complaint itself.

Defendant’s motion will be and is hereby denied.

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Bluebook (online)

26 F. Supp. 98, 1938 U.S. Dist. LEXIS 1378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lost-trail-inc-v-allied-mills-inc-illinoised-1938.