Keyes v. Prescott
Supreme Court of Vermont
The original declaration in this cause was éntered at the June Term, 1857, of the Franklin county court, and was as follows : “ In a plea of trespass for that the defendant on the first day of April, 1857, with force and arms, at said Highgate, broke and entered the plaintiff’s close” (describing it) “ and then and there cut down and carried away one pine tree then standing and growing upon said close, to the value of fifty-six dollars, and converted the same to his own use,…
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The original declaration in this cause was éntered at the June Term, 1857, of the Franklin county court, and was as follows : “ In a plea of trespass for that the defendant on the first day of April, 1857, with force and arms, at said Highgate, broke and entered the plaintiff’s close” (describing it) “ and then and there cut down and carried away one pine tree then standing and growing upon said close, to the value of fifty-six dollars, and converted the same to his own use, against the peace, and contrary to the force of the statute in such case made and provided, whereby, and by force of…
1Opinion of the CourtBennett, J.
The only question which it becomes necessary for this court to consider on this bill of exceptions is in relation to the decision of the county court on the motion of the defendant to dismiss the new count, filed at the December Term, 1857, in trover; and in disposing of this question, it is necessary in. the first place to examine the count in th'e original declaration. The 32 sec. of chap. 104, page 550, of the Compiled Statutes, provides that treble damages may be recovered in an action founded on the statute against a .person who shall cut down, destroy, or carry away any tree from the…
2Cited by4 opinions
- Guild v. PrentisSupreme Court of Vermont · 1910
- Hagar v. BrainerdSupreme Court of Vermont · 1872
- Montgomery v. EdwardsSupreme Court of Vermont · 1872
- Sawyer v. ChildsSupreme Court of Vermont · 1910