Maybury & Clark v. Evans
New York Supreme Court
Costs in ejectment, where there are two plaintiffs, and a verdict in favor of one, and against the other. The declaration contained two counts, one alleging title in one of the plaintiffs, and an ouster of him, and the other count alleging title in the other plaintiff, and an ouster of him. The same premises were claimed in each count.
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Costs in ejectment, where there are two plaintiffs, and a verdict in favor of one, and against the other. The declaration contained two counts, one alleging title in one of the plaintiffs, and an ouster of him, and the other count alleging title in the other plaintiff, and an ouster of him. The same premises were claimed in each count. On the trial the jury found a verdict in favor of Clark one of the plaintiffs, and as to Maybury, the other plaintiff, they found for the defendant, who now moves for a rule that in making up the record, the plaintiffs attorney insert a judgment for costs, in…
1Opinion of the Court
By the Court,
Nelson Ch. J.
Since the revised statutes went into effect a plaintiff in ejectment is not entitled to recover, unless he has at the time of the commencement of the suit a valid subsisting interest in the premises claimed, 2 R. S. 304, § 3. Consequently the real claimant only, can maintain the action, § 6, and he must in the declaration specifically state his interest in the premises, § 9, 10. Where there are several plaintiffs, if it be shown that all of them *626have a right, to recover, the statute directs that the verdict shall be for the plaintiffs generally, but if it appear that…
2Cases cited1 opinion
- Smith & Kniffin v. DeweyNew York Supreme Court · 1836
3Cited by3 opinions
- Hinman v. BoothNew York Supreme Court · 1839
- Simpson v. CaulkinsDistrict Court, S.D. New York · 1849
- Oxnard v. Proprietors on the Kennebeck PurchaseMassachusetts Supreme Judicial Court · 1813