People v. Bennett

The complaint sets up two separate causes’ of action, one for trespass in cutting and destroying trees with treble damages, and the other to recover penalties under the Forest, Fish and Game Law.

The defendant demurs, first, that the facts set up in each cause of action are insufficient to constitute a cause of action and, second, a misjoinder of causes of action.

It is alleged, in the first cause of action, that the plaintiff is the owner of the tract of land known as the forest preserve; that defendant has cut and carried away sixty-nine trees therefrom and has, therefore, become liable to…