Jackson v. Combs
New York Supreme Court
Trespass for mesne profits; tried at the Seneca circuit, March 13th, 1826, before Throop, 0. Judge. At the trial, it appeared that the plaintiff, ex dem. Peter Smith, against John Stiles,- recovered judgment in ejectment, by default. The demise was laid March 20th 1819, and the ouster on the 1st day of May, 1824. The action was commenced in this court at May term, 1824; and final judgment rendered at October term of that year.
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Trespass for mesne profits; tried at the Seneca circuit, March 13th, 1826, before Throop, 0. Judge. At the trial, it appeared that the plaintiff, ex dem. Peter Smith, against John Stiles,- recovered judgment in ejectment, by default. The demise was laid March 20th 1819, and the ouster on the 1st day of May, 1824. The action was commenced in this court at May term, 1824; and final judgment rendered at October term of that year. In the memorandum of the plaintiff’s warrant of an attorney in the record, Combs and one Garrison were stated to be tenants ; and the declaration and notice from the…
1Opinion of the Court
Curia, per Woodworth, J.
This is an action for mesne profits. Judgment was recovered by default in ejectment. The defendant is precluded from setting up any defence of which he might have availed himself in the *original action Consequently, he cannot be permitted to prove he was not in possession when the declaration was served. 3 John. 481; 2 Burr. 668.
Ho writ of hah. fac. poss. was executed ; but the defendant abandoned the premises before judgment; and the grantee of the lessor entered and took possession. This entry enured to the benefit of the plaintiff, and rendered the writ…
2Cases cited9 opinions
- Jackson v. LoomisNew York Supreme Court · 1825
- Hopkins v. M'LarenCourt for the Trial of Impeachments and Correction of Errors · 1825
- Jackson ex dem. Church v. HillsNew York Supreme Court · 1828
- Baron v. AbeelNew York Supreme Court · 1808
- Wolfe v. WashburnNew York Supreme Court · 1826
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3Cited by5 opinions
- Porter v. BleilerNew York Supreme Court · 1853
- Bernard v. MerrillSupreme Judicial Court of Maine · 1898
- New York Ontario & Western Railway Co. v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1923
- Phillips v. StewartMissouri Court of Appeals · 1901
- Fuhrer v. LangfordMissouri Court of Appeals · 1881