Lowe v. Harrison
Supreme Court of Missouri
ERROR to Cooper Circuit Court. 1. The verdict in this cause applies as well to the common law counts as to the counts under the statute, and it is only where the trespass is founded upon the statute that treble damages can be given. 2. That the judgment must correspond with the verdict, and the court eannot? in this case, apply the verdict to the statutory counts; the rule being, that a general verdict applies to the whole declaration, so that at common law, where some of…
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ERROR to Cooper Circuit Court. 1. The verdict in this cause applies as well to the common law counts as to the counts under the statute, and it is only where the trespass is founded upon the statute that treble damages can be given. 2. That the judgment must correspond with the verdict, and the court eannot? in this case, apply the verdict to the statutory counts; the rule being, that a general verdict applies to the whole declaration, so that at common law, where some of the counts were bad and a general verdict was found, the court would arrest the judgment, because the court could not know…
1Opinion of the CourtScott, J.
This was an action of trespass. The declaration contained four counts; the first two were at common law, and the last two on the statute to prohibit certain trespasses. The last count concluded against the form of the statute. On the trial, the plaintiff obtained a verdict, and the damages were trebled by the court.
The question presented by the record is, whether the damages should have been trebled? It has been determined by this Court, in the case of Withington vs. Young, 4 Mo. Rep., that a plaintiff may join, in the same declaration, counts for *352trespass at .common, law, and counts under…
2Cited by4 opinions
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