Dawley v. Brown
New York Supreme Court
These actions were brought to recover the possession- of certain lands in the town of Mendon, in the county of Monroe. The issues thereon were noticed for trial at and were on the calender for the last April circuit in said' county.
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These actions were brought to recover the possession- of certain lands in the town of Mendon, in the county of Monroe. The issues thereon were noticed for trial at and were on the calender for the last April circuit in said' county. The defendant’s attorney not having filed, an affidavit of merits, inquests were taken by the plaintiff»’ attorney on the 6th day of April last, and on the same day he entered1 judgments in said actions, and issued executions thereon on the same day to the sheriff of said county. On the following day (the 7th April), the sheriff caused possession of the premises…
1Opinion of the Court
By the Court.—Mullín, P. J.
The judgments were regularly entered. The defendant having omitted to file affidavits of merits, the plaintiff had.the right to take inquests on any morning of the term after the first, and having entered judgments, he was entitled to issue execution, and by means thereof to obtain possession of the premises.
When the defendants default was excused and the court set aside the judgments, the defendant was entitled to be restored to the possession of the premises from which he had been removed. •
The sheriff swears he put the plaintiff into possession on the 7th April,…
2Cases cited3 opinions
- Robinson v. DauchyNew York Supreme Court · 1848
- Chamberlain v. . CholesNew York Court of Appeals · 1866
- Beekman v. BemusNew York Supreme Court · 1827
3Cited by1 opinion
- Platt v. WithingtonNew York Supreme Court · 1890