New York Supreme Court, 1837

Purdy v. Warden

Purdy v. Warden
New York Supreme Court · Decided June 15, 1837 · Nelson
18 Wend. 352
Purdy v. Warden

Opinion of the Court

By the Court,

Nelson, Ch. J.

[672] Where the bill is clearly evasive, the defendant may apply for judgment of non-pros ; but if it appear to have been made in good faith, although the defendant may not be satisfied with it, he should not ask for judgment of non-pros, but ought to apply to the judge who made the original order, for an order for better particulars. The bill in this case is sufficient, and the motion must be denied.

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