Jackson ex dem. Wood v. Stiles
New York Supreme Court
Motion to stay proceedings in ejéctment. On the 14th October last, a declaration in ejectment was served on the tenant for the recovery of the possession of certain lands.
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Motion to stay proceedings in ejéctment. On the 14th October last, a declaration in ejectment was served on the tenant for the recovery of the possession of certain lands. On the 17th November, the tenant called on the lessor of the plaintiff to ascertain the precise premises claimed by him, and on learning the same, offered to surrender the possession of the premises, to pay the costs of the suit, and to pay the mesne profits to which the lessor of the plaintiff was entitled; and if they could not agree as to the amount of the mesne profits, the defendant offered to enter into a stipulation…
1Opinion of the Court
By the Court,
Sutherland, J.
The conduct of the plaintiff is oppressive, and the defendant has offered to do all that could be required of him. A tender of amends cannot be pleaded in this action; the court therefore order that all proceedings on the part of the plaintiff be stayed for thirty days; that he procure the costs in the suit which accrued previous to the 17th November last to be regularly taxed and demand*430ed of the tenant; and if such costs be paid within 20 days after demand, and the possession of the premises ih question quietly surrendered to the lessor upon demand made, then all…
2Cited by4 opinions
- Guttag v. ShatzkinAppellate Division of the Supreme Court of the State of New York · 1920
- Weber v. RogersNew York Supreme Court · 1903
- Knox v. McDonaldNew York Supreme Court · 1881
- Tyler v. CanadayNew York Supreme Court · 1848