Bailey

In eaeh of these eases two motions are presented — one, to make the bill more definite and certain; the other, to dismiss it. As to the latter, it is without merit, and the motion is accordingly denied.

The motion to make more definite raises a question less easily solved. It is called by the moving party a motion to make more specific, but it is apparent, from a consideration of it, that it is in reality a motion for a bill of particulars.

There is some authority, it is true, to the effect that no distinction is to be drawn between these two motions (2 Foster’s Federal Practice [6th Ed.] § 240); but the fact that equity rule 20 refers to them in the disjunctive is sufficient justification for holding them not to be identical.

“At common law, indefiniteness and uncertainty, being defects of form in a pleading, are subject to a special, but not a general, demurrer.” In most of the Code states, and under the federal equity rules, “no demurrer will lie for uncertainty or indefiniteness; a motion to make more definite and certain being the proper remedy.” 31 Cyc. 281, 282 ; 2 Foster (6th Ed.) § 241. But, although there has been a change in terminology, the essential nature of this…