3 Abb. Ct. App. 285
Decided September 15, 1866
New York Court of Appeals · decided 1866-09-15
Sylvanus Merritt sued Isaac Carpenter, in the supreme court, to recover the possession of certain real property, and damages for… Held: that the words “ for injuring property,” in the provisions of the Code, enumerating the actions in which a party may be arrested, must have a general and universal signification, as including real as well as personal property; and that an action of ejectment and for mesne profits was at common law substantially an action of trespass…
Decided 1866-09-15
¶1delivered a dissenting opinion to the effect that
¶2the Code did not change the formerly established rule that an execution could issue in such an action; that although ejectment is not an action for injuring the land, it is one for taking, detaining and converting property.
¶3All the other judges except James 0. Smith, J., concurred in the opinion of Hunt, J.
¶4Order granting a new trial reversed, and judgment on the verdict affirmed, with costs.