Plumb v. Griffin
Supreme Court of Connecticut
Action to recover damages for wrongfully cutting trees upon the plaintiff’s premises, brought to the Court of Common Pleas in Fairfield County and tried to the court, Curtis J.; facts found and judgment rendered in favor of the plaintiff for $120, and appeal by the defendant for alleged errors in the rulings of the court.
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Action to recover damages for wrongfully cutting trees upon the plaintiff’s premises, brought to the Court of Common Pleas in Fairfield County and tried to the court, Curtis J.; facts found and judgment rendered in favor of the plaintiff for $120, and appeal by the defendant for alleged errors in the rulings of the court. This action was brought on § 1345 of the General Statutes of 1888, which provides that every person “ who shall cut, destroy, or carry away any trees, timber, or underwood, standing or lying on the land of another, . . . without license of the owner, . . . shall pay to the…
1Opinion of the CourtAndrews, C. J.
The demurrer was properly sustained. The statute of limitations which the defendant invokes is § 1379 of the General Statutes of 1888, which provides that “ no suit for any forfeiture, upon any penal statute, shall be brought, but within one year next after the commission of the offense.” The present suit is not barred by that section, unless § 1345, on which it is brought, is a penal statute: one that declares a forfeiture, and one that deals with an offense. Moreover it must be a forfeiture and an offense in the sense in which these terms are used in a penal statute.
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2Cases cited4 opinions
- House v. MetcalfSupreme Court of Connecticut · 1858
- Le Forest v. TolmanMassachusetts Supreme Judicial Court · 1875
- Newell v. StateSupreme Court of Connecticut · 1816
- Quimby v. CarterSupreme Judicial Court of Maine · 1841
3Cited by37 opinions
- A-G Foods, Inc. v. Pepperidge Farm, Inc.Supreme Court of Connecticut · 1990
- Stuart v. StuartSupreme Court of Connecticut · 2010
- Shelinsky v. FosterSupreme Court of Connecticut · 1913
- Bankers Trust Co. v. BlodgettSupreme Court of Connecticut · 1921
- Maguire v. KieselSupreme Court of Connecticut · 1913
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