Wallace v. . Berdell

The opinion in this case on the motion for restitution, after holding that the remittitur should be amended by inserting a direction for the immediate restitution of the real estate in question, held that there should be inserted a further direction, that the mesne profits of said real estate, up to the time of such restitution, be ascertained and be paid by Ambrose S. Murray to Charles P. Berdell. (See 98 N. Y. 480.)

The order entered upon the decision of the motion, instead of following the words of the opinion, provided that the directions should be that “ the value of the rents and…