111 N.Y.S. 872 | N.Y. App. Div. | 1908
Action to recover $10,750, valué of services alleged to have been performed and disbursements made by the plaintiff while acting as the attorney for the defendant.
Then follows an allegation that no part of such sum has been paid, and a demand for judgment therefor, with interest.
Upon motion of-defendant the court below has required plaintiff to make the complaint more definite and certain by stating the time when and the place where the request for work was made, the form or manner in which made, whether in writing or verbal, and if in writing setting forth a copy of the same. Also by stating whether the request was made directly by the defendant or through some other person, and if another person the name of such person; also setting forth the terms and provisions of the request “ as respects when the said work * * * were
A complaint must contain a plain and concise statement of the
. It is possible the defendant may be entitled to some of the information desired, but he cannot get it in this way. If the plaintiff had set out in his complaint the evidence to establish the cause of action alleged it would have been improper and could have been stricken out on motion.
The order appealed from, therefore, must be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.
Ingraham, Lahghlin, Houghton and Scott, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.
Sie.