Tickle v. . Hobgood

194 S.E. 461, 212 N.C. 762, 1938 N.C. LEXIS 226

• Court: Supreme Court of North Carolina
• Decided: January 5, 1938
• Status: Published

Opinion

Stagy, C. J.

An application for a bill of particulars under C. S., 534, or a motion to require a pleading to be made more definite and certain under 537, is addressed to the sound discretion of the trial court, and his ruling thereon, made in the exercise of such discretion, is not reviewable on appeal, except perhaps in extreme cases. Temple v. Tel. Co., 205 N. C., 441, 171 S. E., 630; S. v. Bryant, 111 N. C., 693, 16 S. E., 326. Where however, as here, the court denies the motion as a matter of law, without the exercise of discretion, the defendant is entitled to have the application reconsidered and passed upon as a discretionary matter. Townsend v. Williams, 117 N. C., 330, 23 S. E., 461; S. v. Fuller, 114 N. C., 885, 19 S. E., 797. For procedure in criminal cases see C. S., 4613; S. v. Wadford, 194 N. C., 336, 139 S. E., 608.

Error.

Babnhill, J., took no part in the consideration or decision of this-case.