Legal Opinion

Mooers v. Allen

New York Supreme Court

Decided February 15, 1829PublishedCited by 7 opinions

Motion for treble damages and treble costs. The declaration was in trespass for cutting and carrying away timber, and contained four counts, one of which was under the statute. The jury gave a general verdict, and assessed the damages at $2 TVo. The judge gave a certificate that the title came in question.

1Opinion of the Court

By the Court, Marcy J.

The verdict being general, the court cannot say that the jury found the defendant guilty on the count under the statute. The plaintiff does not therefore shew that he is entitled to treble costs. The motion must be denied with costs.

2Cited by7 opinions

Shaw v. HoffmanMichigan Supreme Court · 1872
Hitchcock v. PrattMichigan Supreme Court · 1883
Van Deusen v. YoungNew York Supreme Court · 1858
Neff v. PennoyerU.S. Circuit Court for the District of Oregon · 1875
Yeamans v. NicholsCity of New York Municipal Court · 1902

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