Stephens v. Jackson

New York Supreme Court

Stephens v. Jackson

2 How. Pr. 250

DecidedSeptember 15, 1846

StatusPublished

This text of 2 How. Pr. 250 (Stephens v. Jackson) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stephens v. Jackson, 2 How. Pr. 250 (N.Y. Super. Ct. 1846).

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Opinion

Bronson, Chief Justice.

It is questionable whether the defendants have been strictly regular. There was no ground for a bill of particulars, so far as two special counts are concerned. But, without settling any point of practice, I will make an order which will answer the purpose of both parties, as the plaintiff admits that he has no evidence under the common counts. Ordered, that the common counts be stricken out of plaintiff’s declaration.

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Bronson, Chief Justice.

It is questionable whether the defendants have been strictly regular. There was no ground for a bill of particulars, so far as two special counts are concerned. But, without settling any point of practice, I will make an order which will answer the purpose of both parties, as the plaintiff admits that he has no evidence under the common counts. Ordered, that the common counts be stricken out of plaintiff’s declaration.

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Bluebook (online)

2 How. Pr. 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-jackson-nysupct-1846.