New York Supreme Court, 1865

Dickinson v. Mitchell

Dickinson v. Mitchell
New York Supreme Court · Decided May 15, 1865
19 Abb. Pr. 286

Counsel

B. Roelker, for the defendant, appellant., Samuel G. Courtney, for plaintiff and respondent.

Dickinson v. Mitchell

Opinion of the Court

By the Court.*

The order is appealable, as it affects a substantial right.

*288The bill of particulars in this case is not an account in the ordinary or legal sense of the term. And if it were an account, it would not be a long account, svteh as would justify a compulsory reference.

Formerly four items were held sufficient to constitute a long account; but the later decisions of the courts do not deem this a long account.

The order below must be reversed, with ten dollars costs to defendant, to abide the event of the action.

Present, Ingraham, P. J., Welles and Clerke, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.