Property · MBE-tested

Jackson, ex dem. Rugbee and others, against Stiles, Gubert, tenant

6 Cow. 589·New York Supreme Court·1827·NY

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Opinion

Jackson, ex dem. Rugbee and others, against Stiles, Gubert, tenant. Ejectment. The declaration was returnable at this term. The tenant held under a demise from Laussat and ⅛ , , . i Bouchaud; and sent them word, on receiving the declaration, that he should not defend; and that if they intended to protect the premises against the claim of the lessors of the plaintiff, they must attend to it; for he (the tenant) should not. On these facts, eJTandioid “a„y move to defend, at the term when the es-expresslyrefe-ed t0 appear' S. R. Hobble, moved that the landlords be made defendants ; and cited 1 R. L. 443, s. 29, 30; 1 Cowen, 135; 4 John. Rep. 492; 2 Dunl. Pr. 1022, 3; 4 Taunt. 820; Adams 6n Eject. 239, 240, and 361, App. No. 29. S. Sherwood, contra, submitted whether the application was not premature; and said that before the landlord could be received to defend alone, judgment should be given against the casual ejector. [MAJORITY — Curia.] Curia. The tenant expressly refused to appear. This was enough. The landlord need not wait till a default is entered against him. Motion granted.