Cook v. Nicholas

Supreme Court of Pennsylvania

Cook v. Nicholas

2 Watts & Serg. 27

CourtSupreme Court of Pennsylvania

DecidedJuly 15, 1841

StatusPublished

Cited by13 cases

This text of 2 Watts & Serg. 27 (Cook v. Nicholas) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cook v. Nicholas, 2 Watts & Serg. 27 (Pa. 1841).

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Opinion

Per Curiam.

There is no substance in the assignment of errors, and we notice the case particularly, only because it presents an opportunity to supply what was omitted in Dawson v. M’Gill, (4 Whart. 230) by stating, as the subject has been mentioned during the argument, that a plaintiff in ejectment shall not [29]*29be allowed to give evidence of mesne profits, unless he shall give notice of it in time for preparation to encounter it. No notice was given here, and the matter passed without objection; hereafter the practice will be different.

Judgment affirmed.

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Per Curiam.

There is no substance in the assignment of errors, and we notice the case particularly, only because it presents an opportunity to supply what was omitted in Dawson v. M’Gill, (4 Whart. 230) by stating, as the subject has been mentioned during the argument, that a plaintiff in ejectment shall not [29]*29be allowed to give evidence of mesne profits, unless he shall give notice of it in time for preparation to encounter it. No notice was given here, and the matter passed without objection; hereafter the practice will be different.

Judgment affirmed.

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Bluebook (online)

2 Watts & Serg. 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-nicholas-pa-1841.

Opinion

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