American Can Co. v. Dornoil Products Co.

The opinion of the court was delivered by

Parker, J.

This is an ejectment suit. The plaintiff demanded possession, and added a claim for mesne profits as permitted by statute, first enacted in 1855. Pamph. L. 1855, p. 309, § 76; Nix. Dig. 1855, pp. 645-6; Rev. 1877, p. 332; Comp. Stat. 1910, p. 2063; N. J. S. A. 2:51-46. See Supreme Court rules 186 to 189 inclusive.

The case was tried without jury, and plaintiff had judgment for possession, but the claim for mesne profits was overruled, and the refusal to award mesne profits is the basis of plaintiff’s appeal.

As to defendant’s appeal: the answer…