Jackson ex dem. Genet v. Wood
New York Supreme Court
Hesse profits in ejectment. In May term, 1835, the plaintiff recovered judgment in this court in an action of ejectment brought for the recovery of certain premises situate in the city of New-York, which judgment was affirmed, in the court for the correction of errors on the 30th December, 1837, and the proceedings remitted to this court.
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Hesse profits in ejectment. In May term, 1835, the plaintiff recovered judgment in this court in an action of ejectment brought for the recovery of certain premises situate in the city of New-York, which judgment was affirmed, in the court for the correction of errors on the 30th December, 1837, and the proceedings remitted to this court. The plaintiff thereupon made a suggestion upon the record that he claimed from the defendant $20,000, in which sum he alleged the defendant was indebted to him for the use and occupation of the premises specified in 'the first count of the declaration in…
1Opinion of the Court
By the Court,
Nelson, Ch, J.
The important question in the case is, whether the plaintiff is entitled to recover for mesne profits beyond six years.
Before the revised statutes, it was well settled, that in the action of trespass, the claim could not be extended beyond that length of time before commencement of the suit. Bull. N. P. 568. Saund. Pl. and Ev. 668. 8 Wendell, 599. 13 Johns. R. 50. But it was necessary to plead the statute of limitations.
A suggestion upon the record of judgment in ejectment is now substituted in lieu of the action of trespass. 2 R. S. 236, § 44, 54. And it seem…
2Cases cited1 opinion
- Bellinger v. PeopleNew York Supreme Court · 1832
3Cited by6 opinions
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Christopher v. . AustinNew York Court of Appeals · 1854
- Merrill v. Rocky Mountain Cattle Co.Wyoming Supreme Court · 1918
- Hoey v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Moore ex rel. Moore v. ButlerSupreme Court of New Hampshire · 1868
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