Dyett v. Pendleton
Court for the Trial of Impeachments and Correction of Errors
On error from the supreme court. The cause came here on a bill of exceptions, containing the same facts stated in' the report of .the same case in the court below. (Pendleton y. Dyett, 4 Cowen, 581.) The main facts will also be found stated in the opinions of Grary, Golden and Allen, Senators. The reasons of the supreme court were now assigned, substantially as in that report, p. 583 to 587. The causé was argued here by
1Opinion of the Court
Spencer, Senator.
It seems to be conceded that the onlj plea which could be interposed by the defendant below, to let in the defence which he offered, if any would answer that purpose, was, that the plaintiff had entered in and upon the demised premises, and ejected and put out the defendant, Such a plea was filed; and it is contended on the one side, that it must be literally proved, and an actual entry and expulsion .established: while on the other side it is insisted, that a constructive entry and expulsion is sufficient, and that the facts which tended to prove s^ou^ have been left to the…
2Cases cited4 opinions
- Waldron v. M'CartyNew York Supreme Court · 1808
- Kessler v. M'ConachySupreme Court of Pennsylvania · 1829
- Kortz v. CarpenterNew York Supreme Court · 1809
- Bauders v. FletcherSupreme Court of Pennsylvania · 1824
3Cited by69 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Boreel v. . LawtonNew York Court of Appeals · 1882
- King v. MooreheadMissouri Court of Appeals · 1973
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Teller v. McCoyWest Virginia Supreme Court · 1978
64 more not listed; retrieve them via the Exa API.