Oviatt v. Oviatt

Superior Court of New York

Oviatt v. Oviatt

35 N.Y.S. 654, 14 Misc. 127

The Superior Court of the City of New York and Buffalo·Decided October 15, 1895·Published

Opinion

GILDERSLEEVE, J.

It does not seem to me that a bill of particulars should be ordered in this case. The action is for divorce, on the ground of adultery. The complaint names the places where the alleged acts of adultery were committed, and also gives the name of, at least, one of the alleged co-respondents. It is true that the dates are somewhat indefinite, but the information sought for lies peculiarly within the knowledge of the defendant, who seeks it; and there is little danger of undue surprise at the trial. The motion should therefore be denied. See Fink v. Jetter, 38 Hun, 163. No costs.

Motion denied, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

GILDERSLEEVE, J.

It does not seem to me that a bill of particulars should be ordered in this case. The action is for divorce, on the ground of adultery. The complaint names the places where the alleged acts of adultery were committed, and also gives the name of, at least, one of the alleged co-respondents. It is true that the dates are somewhat indefinite, but the information sought for lies peculiarly within the knowledge of the defendant, who seeks it; and there is little danger of undue surprise at the trial. The motion should therefore be denied. See Fink v. Jetter, 38 Hun, 163. No costs.

Motion denied, without costs.

Oviatt v. Oviatt, 35 N.Y.S. 654, 14 Misc. 127 (superctny 1895).

Pincite

35 N.Y.S. 654 (Oviatt v. Oviatt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.