Sheldon v. Slyke
New York Supreme Court
This cause came before the court by an appeal from a judgment of the county court of Herkimer county. The action was trespass, originally commenced by Sheldon in a justice’s court, and the plaintiff recovered in that court a judgment against Van Slyke. The defendant appealed to the county court, where the judgment was affirmed; and the defendant then appealed to this court. The action was commenced January 22,1851. The facts are as follows.
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This cause came before the court by an appeal from a judgment of the county court of Herkimer county. The action was trespass, originally commenced by Sheldon in a justice’s court, and the plaintiff recovered in that court a judgment against Van Slyke. The defendant appealed to the county court, where the judgment was affirmed; and the defendant then appealed to this court. The action was commenced January 22,1851. The facts are as follows. Van Slyke, in February, 1849, commenced an action of ejectment against Sheldon and one Harper, to recover the possession of a house and garden spot in the…
1Opinion of the Court
By the Court, Gridley, J.
This is an appeal from a judgment of the county court of Herkimer county, affirming the judgment of a justice of the peace. The action was brought to recover the mesne profits of the premises described in the declaration, accruing between the 8th day of February, 1850, when Van Slyke was- put in possession of the premises, upon a recovery in ejectment against the plaintiff and one Leonard Harper; and the 23d of December in the same year, when the possession was restored by a writ of restitution, on a reversal of the said judgment.
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2Cases cited4 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Phyfe v. RileyNew York Supreme Court · 1836
- Rich v. PenfieldNew York Supreme Court · 1828
- Brotherson v. HodgesNew York Supreme Court · 1810
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