Strimple v. Parker Pen Co.

The first question for consideration is whether the plaintiff was entitled to treble damages. It is claimed by plaintiff’s counsel that the stay granted was exactly as if an execution had not been sued out and no stipulation made, because defendant was staying without right, without *115rent, and expressly stipulating that both parties should be left with “the same legal rights and liabilities as if the action had been tried and this judgment herein stipulated had been regularly entered upon such trial in favor of plaintiff.” It is argued that “whether that judgment was stayed by an act of the…