Register v. Pringle Bros.

Citations

• 58 Fla. 355

Syllabus

<p>1. Where the defendant In an action at law waits until the Rule day on which he is required to plead to file a motion for a more definite bill of particulars, and such motion is of such a character that the plaintiff is justified in treating it as a nullity, he may disregard it and cause the Clerk to enter a default for failure to plead or demur.</p> <p>2. The object of Sectiqn 1449 .of the General Statutes of 1906 and Rule 14 of Circuit Court Rules in Common Law Actions in requiring the cause of action, or a copy thereof, in the class of instruments designated therein, to be filed with the declaration, is to have the plaintiff apprise the defendant of the nature and extent of the cause :of action alleged against him, in order that he may plead thereto with greater certainty.</p> <p>3. In an action of assumpsit brought by a wholesale merchant against a retail merchant upon an open account, wherein the declaration is in the usual form in such cases, containing the common counts, and the copy of the cause of action attached thereto consists of an invoice or itemized bill or account in the form customarily used between wholesale and retail merchants, the plaintiff is justified in disregarding a motion filed by the defendant for a more definite bill of particulars on the ground that the bill of particulars so filed is too indefinite, vague and uncertain to enable the defendant to plead to the declaration and in treating such motion as a nullity, especially when the same is not filed until the Rule day on which the defendant is required to plead, and in causing the Clerk to enter a default for failure to plead or demur.</p> <p>4. ’ The' practice of waiting until the very day on which a plea or demurrer is due to file a motion for a more definite bill of particulars is disapproved. In furtherance of justice, such motions should be filed and called up for disposition as early as practicable.</p> <p>5. While section 1425 of the General Statutes of 1906 authorizing the en