
    Abraham Pickle against Cornelius Covenhoven.
    ÓN CERTIORARI.
    Jurisdiction of justice in action for mesne profits, 
    
    THIS is an action of trespass for mesne profits, after a recovery in ejectment. It was originally brought before " . ,. & J t tt t one of the justices of the peace of the county of Hunter-don, and judgment rendered for the plaintiff. It was after-wards carried up by appeal, to the Court of Common Pleas of that county, and the judgment of the justice there affirmed. It was removed into this court by certiorari, directed to the Common Pleas. The only reason assigned for the reversal of the judgment, and the only question submitted to the consideration of the court, was, whether the subject matter in controversy is within the jurisdiction of a justice of the peace? Whether an action for mesne profits af*ter a recovery in ejectment, can be maintained in the Court for the trial of Small Causes.
    
      Ewing for plaintiff in certiorari. Saxton for defendant.
    
      
      
        Blackwell vs. Leslie, ante 112. Gregory vs. Kanouse, 6 Hal. 68. Campfield vs. Johnson, 1 Zab. 86. Vantyl vs. Marsh, 2 South. 507. How and when mesne profits are recoverable. See Den, Delatouche vs. Chubb, Coxe 466. Den, Bray vs. McShane, 1 Gr. 35. Den, Hancock vs. Fen, 4 Zab. 545. Izard vs. Bodine, 3 Stock. 403. Derrickson vs. White, 3 Vr. 137.
      
    
   By the court.

We are unanimously of opinion, that the judgment must be reversed.  