Cummings v. Noyes
Massachusetts Supreme Judicial Court
The action was assumpsit, and. on a trial upon the general issue, which was had before the late Judge Sedgwick, April term, 1811, a verdict was taken for the plaintiffs, subject to the opinion of the Court upon the following facts reported by the judge: — It appeared that the defendant entered into the premises described in the plaintiff’s declaration by virtue of a writ of habere facias possessionem, which issued upon a judgment of this Court: and that he continued seised…
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The action was assumpsit, and. on a trial upon the general issue, which was had before the late Judge Sedgwick, April term, 1811, a verdict was taken for the plaintiffs, subject to the opinion of the Court upon the following facts reported by the judge: — It appeared that the defendant entered into the premises described in the plaintiff’s declaration by virtue of a writ of habere facias possessionem, which issued upon a judgment of this Court: and that he continued seised and possessed of the same premises, until he was turned out of possession by another writ, which also issued upon a…
1Opinion of the CourtJackson, J.
There is no doubt of the plaintiff’s right to recover the value of the mesne profits taken by the defendant, by virtue of the first judgment, which was afterwards reversed. The award or entry on reversal is, that the plaintiff in error be restored to all things which he has lost by reason of the judgment aforesaid; or, in case of a real action, it may be more particular, viz., that he be restored to the tenements aforesaid, with the appurtenances, together with the issues and profits thereof, received in the mean time between the judgment aforesaid and the reversal tnereof, and to al1 things,…
2Cases cited8 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Society for the Propagation of the Gospel in Foreign Parts v. Town of PawletSupreme Court of the United States · 1830
- Smith v. StewartNew York Supreme Court · 1810
- Morgan v. VarickNew York Supreme Court · 1832
- Featherstonhaugh v. BradshawNew York Supreme Court · 1828
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3Cited by24 opinions
- Reynolds v. HarrisCalifornia Supreme Court · 1860
- Norden v. JonesWisconsin Supreme Court · 1873
- Peticolas v. CarpenterTexas Supreme Court · 1880
- Edmonson v. KiteSupreme Court of Missouri · 1869
- Coker & Bellamy v. RicheyOregon Supreme Court · 1923
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