Prescott v. Tufts
Massachusetts Supreme Judicial Court
This was an action of trespass, pending in the county of Middlesex, and was tried before the Chief Justice, at the sittings in Cambridge after the last October term. The declaration originally contained two counts. The first was trespass at common law, for pulling down an uninhabited house of the plaintiff’s.
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This was an action of trespass, pending in the county of Middlesex, and was tried before the Chief Justice, at the sittings in Cambridge after the last October term. The declaration originally contained two counts. The first was trespass at common law, for pulling down an uninhabited house of the plaintiff’s. In the second count, for the same trespass, the plaintiff demanded treble damages on the provincial statute of 1 Geo. 2, c. 4. After the evidence was given to the jury, but before the cause was committed to them, the plaintiff, by leave of the Court, struck out his second count, the…
1Opinion of the Court
The action was continued nisi for the decision of this motion ; and now the opinion of the Court was delivered as follows by
Parsons, C. J.
The statute giving the treble damages originally demanded by the plaintiff in a second count, directs that they may be recovered after the same manner of * con- [ * 147 J viction, and by the same rules and methods, as are directed in the provincial statute of 12 Geo. c. 5. Looking into that statute, we find the manner of conviction there described is in cases where the defendant shall be charged in trespass. Trespass is therefore the proper action for…
2Cited by13 opinions
- Gallagher v. WheelerMassachusetts Supreme Judicial Court · 1935
- Jackson ex dem. Erwin v. MooreNew York Supreme Court · 1827
- Carter v. Manhattan Life InsuranceHawaii Supreme Court · 1897
- Griswold v. MillerNew York Supreme Court · 1851
- Sumner v. CummingsSupreme Court of Vermont · 1851
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