Error in signing.-That an oath or an affidavit does not lose its vitality because of the omission of the clerk to certify or attach his jurat, see, also, Kruse v. Wilson, 79 Ill. 233; Tallman v. Ely, 6 Wis. 244; Jamison v. Weaver, 84 Iowa 611, 51 N. W. 65. So it has been held that where a party had made an affidavit, and had sworn to it before an officer authorized to administer oaths, but had not signed the affidavit, that the action was good, and that it is not necessary to the making of a good affidavit that the party making it should actually sign it: Bates v. Robinson, 8 Iowa 318. See Harris v. Lester, 80 Ill. 307; Shelton v. Berry, 19 Tex. 154, 70 Am. Dec. 326; Garrard v. Hitsman, 16 N. J. L. 124. Compare Hargadine v. Van Horn, 72 Mo. 370, where a contrary doctrine is supported by a divided court. CHAPTER CXXXVIII. Inspection of Writings and Bill of Particulars. Form No. 1154. Notice of motion for an order for inspection of Form No. 1155. Affidavit for order for inspection of account Page 1850 1851 Form No. 1156. Demand to have inspection of an original in- 1851 Form No. 1157. Demand for a copy of an account.. 1852 FORM No. 1154-Notice of motion for an order for inspection of a paper [or account, or entries], and for a copy thereof. [Title of court and cause.] To A. B., Attorney for plaintiff [or defendant]: Please take notice, that the defendant [or plaintiff] will move said court at the courtroom, department No. 19 at thereof, on the day of o'clock M., or as soon thereafter as counsel can be heard, for an order requiring plaintiff [or defendant] to give to defendant [or plaintiff] inspection of a paper [or accounts, or entries] described as follows: [Here describe]; which said paper [or accounts, or entries] relates to transactions mentioned in the complaint [or cross-complaint] in this action, and which contains evidence relating to the defense against the complaint [or cross-complaint] herein. Said motion will be based on the complaint in this action, and on the affidavit of a copy of which is annexed hereto and served herewith, and on the ground that such inspection and copy are necessary for the proper defense of the defendant [or plaintiff] to the complaint [or cross-complaint} herein. [Date.] C. D., Attorney for defendant. FORM No. 1155-Affidavit for order for inspection of account [or of a paper], and to take a copy thereof. [Title of court and cause.] [Venue.] being duly sworn, says: That he is the attorney for the defendant [or plaintiff] in this action; that plaintiff [or defendant] has in his possession [or under his control] a book [or document, describing it] relating to the transactions alleged in the complaint [or cross-complaint] in this action, and which contains evidence. relating to the defense in the action [or to the defense against said cross-complaint]; that request has been made of the plaintiff [or defendant] to give inspection of such entries in said book [or of said document] and for permission to take a copy thereof, unless plaintiff [or defendant] would give him inspection and a copy thereof; that plaintiff [or defendant] refused to give or allow defendant [or plaintiff] such inspection and copy, and has refused to give permission to take such copy. [Jurat.] [Add, where required by statute, affidavit of merits.] [Signature.] FORM No. 1156-Demand to have inspection of an original instrument. [Title of court and cause.] To A. B., Attorney for plaintiff [or cross-complainant]: Demand is hereby made for an inspection of the original paper [describing it], a copy of which purports to be contained [or is annexed to] the complaint [or cross-complaint] in this action. Said inspection is desired for the purpose of controverting the genuineness and due execution of said purported instrument. [Or state any other purpose of the inspection.] [Date.] C. D., Attorney for defendant [or cross-defendant.] FORM No. 1157-Demand for a copy of an account. [Title of court and cause.] To A. B., Attorney for plaintiff: The defendant in this action hereby demands a copy of the account sued on herein. [Date.] C. D., Attorney for defendant. FORM No. 1158-Order directing party to furnish bill of particulars. [Title of court and cause.] [After recitals as to the papers filed upon which the motion is made, hearing, etc.:] It is ordered, that the or before the day of 19 a bill of particulars as to beyond that It is further ordered, that on the trial of this action the be precluded from giving any evidence respecting which may be specified in the bill of particulars above ordered. It is further ordered, that the proceedings in this action on the part of be stayed until compliance with this order, and that days' further time be given herein, after the delivery to him of said bill of particulars. [Or state a definite day.] in which to answer [or reply] S. T., Judge. Form of bill of particulars in an action upon a promissory note: Eishop v. McHenry, 4 Kan. App. 525, 44 Pac. 1016. § 488. ANNOTATIONS.-Inspection of writings and bill of particulars. 1-3. Purpose of bill of particulars. 4. Demand for bill by defendant. 5. Failure to file upon demand.-Effect of. 6. Motion to make bill more specific. 7. Time to answer extended by motion. 8. Failure to deliver bill within statutory time.-Discretion of court. 1. The purpose of a bill of particulars is to apprise a party of specific demand of his adversary: Auzerais v. Naglee, 74 Cal. 60, 64, 15 Pac. 371. See Ferry v. King Co., 2 Wash. 337, 26 Pac. 537, 538. 2. The chief office of a bill of particulars is to amplify the pleading and more minutely specify the claim or defense set up. It does not set forth cause of action or ground of defense: Blackburn v. Washington, G. M. Co., 19 Wash. 361, 53 Pac. 369, 370. 3. A bill of particulars makes the plaintiff's demand more specific, and limits his proof to items set out: Edelman v. McDonell, 126 Cal. 210, 213, 58 Pac. 528. 4. Demand for bill by defendant.-A bill of particulars may be demanded by the defendant if the cause of the action is not set out in the complaint with sufficient fulness: Knowles v. Sandercock, 107 Cal. 629, 641, 40 Pac. 1047. 5. Failure to file upon demand.-Effect of.-A failure to file a bill of particulars after demand rendered it error to receive evidence of any item of account: Scott v. Frost, 4 Colo. App. 557, 36 Pac. 910. 6. Motion to make bill more specific. -As to what extent a bill of particulars may go into details, when required. is largely a matter of discretion with the trial court. Such court does not abuse its discretion when it denies a motion of the defendant in which he asks that the plaintiff be required to make items in the bill of particulars submitted more specific for the purpose of furnishing the defendants evidence or the names of witnesses for his defense: Bellingham v. Linck, 53 Wash. 208, 101 Pac. 843, 844, citing, as to the office of the bill of particulars, Blackburn v. Washington G. M. Co., 19 Wash. 361, 53 Pac. 369; Ingram v. Wishkah Boom Co., 35 Wash. 191, 77 Pac. 34; and as to the discretion of the court in denying motion to make bill of particulars more specific, Ferry v. King Co., 2 Wash. 337, 343, 26 Pac. 537; Turner v. Great Northern R. Co., 15 Wash. 213, 217, 46 Pac. 243, 55 Am. St. Rep. 883. 7. Time to answer extended by motion. -Effect of filing a motion for a bill of particulars is ipso facto to extend the time for answering: Plummer v. Weil, 15 Wash. 427, 46 Pac. 648, 649. 8. Failure to deliver bill within statutory time.-Discretion of the court.—A failure to deliver a bill of particulars within a statutory time does not give the defendant the absolute right to have the evidence offered at the trial rejected. It is within the discretion of the court to determine whether the penalty of the statute should be enforced and the evidence excluded; and hence, where a bill of particulars has been furnished long prior to the trial, though not within the statutory five days, it was not error for the court to admit such evidence: McCarthy v. Mt. Tecarte L. & W. Co., 110 Cal. 687, 692, 43 Pac. 391; Silva v. Bair, 141 Cal. 599, 601, 75 Pac. 162. See Robbins v. Butler, 13 Colo. 496, 22 Pac. 803. Form. No. 1161. Notice of motion for trial of special issues by Form No. 1162. Order for trial of special issues by jury. 1855 1856 Form No. 1165. Authorization to attorney to compromise pend- ... 1857 Form No. 1166. Verdict. 1858 Form No. 1167. Civil subpoena .... § 490. Witnesses, and proceedings for contempt Form No. 1168. Attachment against a witness for not obey- Form No. 1169. Attachment for defaulting... for contempt in neglecting and refusing to 1860 1861 1858 1858 1859 1859 Form No. 1173. Order to show cause, made on the filing of Form No. 1174. Warrant of attachment to be issued in pro 1861 ceedings to punish for a contempt of court. 1861 Form No. 1175. Recitals and judgment for a contempt of court committed in the presence of the court.... 1861 Form No. 1176. Judgment in a proceeding for a contempt of court against a witness for refusing to answer a relevant and material question.... § 491. Annotations . ..... 1862 1863 § 489. TRIALS. FORM No. 1159-Order for drawing trial jury. [Title of court and cause.] In the matter of drawing a trial jury: It appearing that the business of this court will require the attendance of a trial jury for the trial of criminal cases, and civil actions in which jury trials shall have been demanded, and no jury being in attendance, it is now, by the court, ordered that a trial jury be immediately drawn and summoned to attend before this court in department No. thereof, on the day of 19, at o'clock M., and that the number so drawn be [here giving good and lawful You are hereby commanded to summon men from the body of the county, and not from the bystanders, legally qualified citizens of said county, to serve as [trial] jurors, in the superior court, and that they be and appear at the courtroom thereof, on o'clock M. Witness the Honorable the Judges of the Superior Court and the seal thereof, this 19 the day of 19 at day of [Attest: [Seal.] By [Filing endorsement ] Clerk. , Deputy Clerk. |