Miller v. Porter

By the court—Hogeboom, Justice.

This is an appeal from an order of Mr. Justice Wright at special term, setting aside, on terms, the verdict, and all subsequent proceedings taken on this cause before Mr. Justice Gould and a jury, at the Sullivan circuit in January, 1858. The action was brought to recover treble damages for a willful trespass upon the lands of the plaintiff. The defendant sought to put the case over the cir*527cuit, but, as the circuit judge held, showed no sufficient cause therefor, and the trial proceeded substantially, ex parte, and the plaintiff recovered, and his damages were…