Ruckelschaus v. Oehme

Pitney, V. C.

The object of this bill is to restrain the entry of judgment upon a verdict in an action for mesne profits following a judgment in ejectment.

The ground of relief is that the conduct of the defendant’s intestate, who was plaintiff in ejectment, had been such as to render it inequitable that she should recover and collect from complainant a certain portion of the verdict, and as to the balance complainant offers to pay and has paid it to the defendant without prejudice.

On presenting the bill with affidavits annexed an order to show ■cause with interim restraint was made, and on its…