Turner v. Van Riper

By the court, Mullin, P. J.

—This action- was brought to recover treble damages for trespassing on the lands of the *34plaintiff, and cutting down and carrying away timber pursuant to title 6, chap. 5, 3d part of the Revised Statutes (Sec. 2, R. S., 2d ed., 261, § 1, &c).

The plaintiff recovered $5. The special term held the defendant was entitled to costs, for the reason that the plaintiff recovered less than $50 damages.

The defendant’s answer admitted that the land on which the timber was cut belonged to the plaintiff, but alleged that it was cut by the leave and license of the plaintiff.

It has…