Dewey v. Osborn
New York Supreme Court
Trespass quare clausnm fregit, tried on the ISthdayof July, 1823, at the Washington Circuit, before Walworth, C. Judge. The plaintiff gave in evidence an exemplifica'tion of a record of judgment in favor of James Jackson ex dem.
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Trespass quare clausnm fregit, tried on the ISthdayof July, 1823, at the Washington Circuit, before Walworth, C. Judge. The plaintiff gave in evidence an exemplifica'tion of a record of judgment in favor of James Jackson ex dem. Thaddeus Dewey & John Goodwin against James Barker, Junior, docketed in this Court, on the 10th day of August, 1821and also a .writ of possession tested- the 10th day of August, 1821, returnable on the first day of the (then) next- term of- this Court; upon which was endorsed the return of the sheriff of the county of Washington, that, by virtue of the writ of…
1Opinion of the Court
Curia, per
Sutherland, J.
The defendant acted as the servant, and under the direction of Barker, in'removing the buildings, which constitutes the trespass complained of. It was committed after verdict and before judgment m the ejectment suit; and the action was not brought, till after the writ of possession was executed.
The first question which arises is, whether a lessor in ejectment, after he has recovered and been put into posses*338sion call maintain an action of trespass against the defen or his servants, for an injury done to the freehold, at this stage of the ejectment suit, and. while the…
2Cited by11 opinions
- Rowell v. KleinIndiana Supreme Court · 1873
- Wallace v. . BerdellNew York Court of Appeals · 1885
- Gas-Light Co. v. Rome, W. & O. RailroadNew York Supreme Court · 1889
- Sprague National Bank v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Phillips v. StewartMissouri Court of Appeals · 1901
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