Broughton v. Wellington
New York Supreme Court
The plaintiff in this case having recovered in an action of ejectment, made and filed a suggestion of his claim for mesne profits, according to the provisions of the revised statutes, 2 R. 8. S10, § 44. The defendant appeared and pleaded non-assumpsit to such suggestion ; the cause was tried, and the plaintiff had a verdict for only six cents. The question is, which of the parties is entitled to costs 1
1Opinion of the Court
By the Court,
Sutherland, J.
The revised statutes abolish the action of trespass for mesne profits after a recovery in ejectment, 2 R. 8. 310, § 44, and provide that instead thereof, the plaintiff seeking to recover such damages shall, within one year after the docketing the judgment in ejectment, make and file a suggestion of such claim, which shall be entered with the proceedings thereon upon such record, or be attached thereto as a continuation of the same. The 45th section declares that such suggestion shall be substantially in the form of a declaration in assumpsit for use and occupation,…
2Cases cited1 opinion
- Moore v. MerrittNew York Supreme Court · 1833
3Cited by2 opinions
- People ex rel. Dunn v. BoringCalifornia Supreme Court · 1857
- Wickham v. SeelyNew York Supreme Court · 1837