Wood ex dem. Elmendorf v. Wood

New York Supreme Court

Wood ex dem. Elmendorf v. Wood

9 Johns. 257

DecidedAugust 15, 1812

StatusPublished

This text of 9 Johns. 257 (Wood ex dem. Elmendorf v. Wood) 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

Wood ex dem. Elmendorf v. Wood, 9 Johns. 257 (N.Y. Super. Ct. 1812).

Pincite

Opinion

Per Curiam.

The premises were vacant, so that there was no person in possession on whom a declaration in ejectment could be served, and the proceeding, in such case, was regular. Rut agreeably to our former decisions, in cases of ejectment, the default, judgment, and execution must be set aside, and R. R. Livingston be admitted as defendant, on payment of costs, and stipulating to admit he was in possession at the commencement of the suit.

Rule granted.

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Per Curiam.

The premises were vacant, so that there was no person in possession on whom a declaration in ejectment could be served, and the proceeding, in such case, was regular. Rut agreeably to our former decisions, in cases of ejectment, the default, judgment, and execution must be set aside, and R. R. Livingston be admitted as defendant, on payment of costs, and stipulating to admit he was in possession at the commencement of the suit.

Rule granted.

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Bluebook (online)

9 Johns. 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-ex-dem-elmendorf-v-wood-nysupct-1812.

Opinion

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