Brotherson v. Hodges

New York Supreme Court

Brotherson v. Hodges

6 Johns. 108

CourtNew York Supreme Court

DecidedMay 15, 1810

StatusPublished

Cited by11 cases

This text of 6 Johns. 108 (Brotherson v. Hodges) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brotherson v. Hodges, 6 Johns. 108 (N.Y. Super. Ct. 1810).

Pincite

Opinion

Per Curiam.

The nonsuit must be set aside, and a new trial awarded, with costs, to abide the event. Though all the tenants in common do not join in the action of trespass quare clausum fregit, the defendants cannot take advantage of the omission, at the trial, or in any other way than by pleading it in abatement. This is the rule in actions for torts. (1 Saund. 251. note g. h. where the authorities are all collected.)

Rule granted.

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Per Curiam.

The nonsuit must be set aside, and a new trial awarded, with costs, to abide the event. Though all the tenants in common do not join in the action of trespass quare clausum fregit, the defendants cannot take advantage of the omission, at the trial, or in any other way than by pleading it in abatement. This is the rule in actions for torts. (1 Saund. 251. note g. h. where the authorities are all collected.)

Rule granted.

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Bluebook (online)

6 Johns. 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brotherson-v-hodges-nysupct-1810.

Opinion

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