Modified, on the law, to strike Item No. 5 in defendants-respondents' demand for a bill of particulars, and otherwise affirmed, without costs.
The items other than that which we strike relate to matters as to which plaintiff, a public official, bears the burden of proof in order to establish the prime ingredient of malice. Without the answers to these demands it will be almost impossible to know whether a case has been made out, the complaint being stated largely...
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