Appeal and Error 37: Pleadings 27 — Motion for bill of particulars is addressed to the sound discretion of the trial judge, and his ruling thereon is not reviewable in the absence of abuse. G.S. 1-150.
This was a suit to recover damages for breach of contract. After the case had been once partially tried and the plaintiff had been examined adversely under order, the defendants moved for a bill of particulars. The motion was denied in the court's discretion.
From the order denying motion for a bill of particulars the defendants appealed.
PER CURIAM.
It is the uniform holding of this Court that an application for a bill of particulars under G.S. 1-150 is addressed to the sound discretion of the trial judge, and that his ruling thereon is not reviewable on appeal, except in case of manifest abuse of discretion. Building Co. v. Jones, 227 N.C. 282, 41 S.E.2d 742; Cody v. Hovey, 219 N.C. 369, 14 S.E.2d 30; Tickle v. Hobgood, 212 N.C. 762, 194 S.E. 461; Temple v. Tel. Co., 205 N.C. 441, 171 S.E. 630; Townsend v. Williams, 117 N.C. 330, 23 S.E. 461; McIntosh 361.
On this record no evidence of abuse of discretion is made to appear.
Appeal dismissed.