Wheaton v. Collins
| Decision Date | 04 March 1918 |
| Docket Number | No. 75.,75. |
| Citation | 91 N.J.Law 236,103 A. 201 |
| Parties | WHEATON v. COLLINS. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Appeal from Supreme Court.
Suit by Edgar T. Wheaton against John Collins. From a judgment of the Supreme Court (100 Atl. 157), affirming a judgment for plaintiff, defendant appeals. Affirmed.
Frank E. Bradner, of Newark, for appellant. Arthur F. Egner, of Newark, for appellee.
The first point made here is the same as that first discussed by the Supreme Court. As to this point it may be worth while to add that the complaint will support the judgment even if the relation of landlord and tenant did not exist. The first count alleges that defendant held possession of the premises without right, and that plaintiff demands the fair rental value thereof as mesne profits. It is true that the words "use and occupation" occur, which may make this informally drawn complaint faulty for duplicity; but that objection was not urged, and it will stand as a demand of damages for continuing trespass, which are the fair rental value. 38 Cyc. 1128.
The case of Mason v. Haurand, 79 N. J. Law, 375, 75 Atl. 452, is not applicable.
The second point argued in appellant's brief relates to something claimed to have been decided by the Supreme Court in its opinion, and which we do not find raised on the trial of the case or in the grounds of appeal in the Supreme Court. Of course error can be predicated only on some ruling in the trial court, and none is mentioned under this point of the brief. The judgment will be affirmed.
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Roselle Park Bldg. & Loan Ass'n v. Lander
...are other available and adequate remedies. McKenna v. Reade, supra; Wheaton v. Collins, 90 N. J. Law, 29, 100 A. 157, affirmed 91 N. J. Law, 236, 103 A. 201; McNair v. Schwartz, 16 Ill. 24; Smith v. Stewart, 6 Johns. (N. Y.) 46, 5 Am. Dec. 186; Tucker v. Adams, 52 Ala. Judgment reversed, an......
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Kietrys v. Cregar.
...two and one-half months, and legal fees. Apropos the measure of damage, see Wheaton v. Collins, 90 N.J.L. 29, 100 A. 157, affirmed 91 N.J.L. 236, 103 A. 201. Punitive damages are sought for ‘the deliberate, malicious and wanton conduct on the part of the defendant in refusing to vacate and ......
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Scult v. Bergen Valley Builders, Inc., A--729
... ... They cite Wheaton v. Collins, 90 N.J.L. 29, 100 A. 157 (Sup.Ct.), affirmed 91 N.J.L. 236, 103 A. 201 ... (E. & A.1917), as support for the proposition that in an ... ...