Smith & Kniffin v. Dewey
New York Supreme Court
This was a demurrer to a declaration in ejectment. The cause of demurrer relied on by the' defendant’s counsel is, that the declaration, though in the names of two plaintiffs, does not contain a joint count, showing that the plaintiffs have a joint interest or have sustained a. joint injury; it contains two separate counts, one in the name of Smith, one of the plaintiffs, and the other in the name of Kniffin, the other plaintiff. The case was submitted without argument.
1Opinion of the Court
By the Court,
Bronson, J.
The action of ejectment, as it formerly existed, has not been abolished. Fictitious names are no longer used in the action, and various provisions have been made for the purpose of rendering it a more direct and beneficial remedy. Subject to these provisions, it may be brought “ in the cases and the manner heretofore accustomed.” 2 R. S. 303, §1. There is nothing in the statute to prevent, the joinder of several persons in bringing the action, nor making it necessary for them to show any joint interest or damage. In this respect the action remains as it was before,…
2Cited by2 opinions
- Maybury & Clark v. EvansNew York Supreme Court · 1839
- Hubbell v. LerchNew York Supreme Court · 1872