Burton v. Myers

This is a motion by the plaintiff for an order to assess treble damages against the defendants pursuant to section 924 of the Civil Practice Act. This section, so far as material, provides that a person who falsely or fraudulently makes a claim of ownership to property which has been attached “ may be punished as and for contempt of court and shall be liable in treble damages to the party injured thereby.”

The question presented is whether the proper remedy is by motion to assess damages or by action for damages. No precedent has been found by counsel; nor are we aware of any. It seems that…