The trial court overruled plaintiffs' demurrer, the minute order reciting that this order was entered pursuant to a letter from defendant's attorney and without objection of plaintiffs' counsel. Plaintiffs filed a demurrer to defendant's answer, the basis of this demurrer being that defendant's answer did not set forth facts sufficient to constitute a defense to the action in that the matters denied therein upon lack of information and belief were presumptively within defendant's knowledge and therefore these matters should have been admitted or denied positively. The answer was verified by defendant's attorney on the ground that defendant was outside the county in which his attorney maintained an office. Defendant, through his attorney, filed an answer to plaintiffs' complaint, denying all of the allegations of the first and second causes of action on the basis of lack of information and belief. On the basis of these allegations plaintiffs prayed for judgment against defendant in the amount of $9,069.50 plus interest. The second "cause of action" alleged the furnishing to defendant upon an open book account of goods with a reasonable value of $9,069.50, and incorporated the allegation of the first "cause of action" that no part of this sum had been paid. The first "cause of action" alleged that plaintiffs sold and delivered to defendant, at the special instance and request of defendant, goods, wares and merchandise of the reasonable value of $9,069.50, no part of which sum had been paid. Plaintiffs verified complaint sets forth two "causes of action" against defendant. We have concluded that although plaintiffs' motion was well taken, the trial court should have afforded defendant an opportunity to amend his answer. Defendant's contentions on this appeal are that the trial court erred in granting plaintiffs' motion for judgment on the pleadings and that even if the motion was meritorious, since it was based on a defect in the form of defendant's answer, the trial court should not have entered judgment on the pleadings without allowing defendant an opportunity to amend his answer to correct this defect. Favaro for Plaintiffs and Respondents.ĭefendant appeals from the judgment in favor of plaintiffs, which judgment was rendered in response to plaintiffs' motion for judgment on the pleadings. Cooper for Defendant and Appellant.īernard J. BEN HARDISTER, Defendant and Appellant.įred F. Please contact us online or call our Cincinnati office directly at 51 to schedule your free consultation.TED DOBBINS et al., Plaintiffs and Respondents, v. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. Are you or someone you know facing criminal charges? If you know, and even have proof, that you could not have been where the government says you were, then you have a viable alibi defense that may serve as a complete defense to the drug charges against you. Then, you can begin putting together where you were on that date and time. Therefore, by requesting a bill of particulars, you and your attorney can know when the act happened. You and your attorney cannot begin to put an alibi together without knowing when the government is claiming you committed the drug offense. The “when” aspect of a bill of particulars is very important especially if you claim that you did not commit the offense. To obtain information that you may not otherwise be able to get, and.A good defense attorney will file a demand for a bill of particulars in every case for a several reasons: Upon receipt of that motion, the government must then provide that bill of particulars. In order to obtain a bill of particulars, the defendant must request one through a written motion to the court. Further, the government specifies when this supposed conduct occurred. Simply stated, a bill of particulars is a document that states specifically what the government is claiming you did that constitutes a violation of the statute. It is a list, or “bill,” of details, or “particulars,” about the crime of which you have been accused. The phrase might initially sound strange, but the title is actually quite descriptive. One of the first things that your defense attorney in your drug case should do is move for something called a bill of particulars.
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