Legal Opinion

Newcomb v. Butterfield

New York Supreme Court

Decided August 15, 1811PublishedCited by 15 opinions

RUSSELL, on the part of the plaintiff, moved that the damages assessed by the jury, in each of the above causes, be trebled, according to the statute, and that a . ° ’ suggestion be entered upon the record accordingly, It appeared, by the affidavit of the plaintiff’s attorney, that the suits were for trespasses committed upon lands *n the town of Plattsburgh, reserved for the support of t^le S0SPe* and schools.

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RUSSELL, on the part of the plaintiff, moved that the damages assessed by the jury, in each of the above causes, be trebled, according to the statute, and that a . ° ’ suggestion be entered upon the record accordingly, It appeared, by the affidavit of the plaintiff’s attorney, that the suits were for trespasses committed upon lands *n the town of Plattsburgh, reserved for the support of t^le S0SPe* and schools. The trespasses charged were for cutting and carrying away timber, against the form b , . , . b ,, , ’ . ot the act, which gives treble damages m such cases; . x (sess. 28. c. 94.) and…

1Per curiam

There is an insuperable objection in these *345oases, to the plaintiff’s claim to the treble damages. The . r ... „ , r present actions were brought in pursuance or the act or the 17th February, 1810, (sess. 33. c. 5.) which author-i-zes the supervisors and assessors of the towns in Clinton 1 , county, to sue in the name of the supervisor for trespasses committed within their respective towns, upon lots set apart for the support of the gospel and schools; and the damages, when recovered, are to be applied to the use of schools and for the support of the gospel. (Laws, vol. 2. p. 225. and act,…

2Cited by15 opinions

  1. Van Deusen v. . YoungNew York Court of Appeals · 1864
  2. Hughes v. StevensSupreme Court of Pennsylvania · 1860
  3. Bettys v. Milwaukee & Saint Paul Railway Co.Wisconsin Supreme Court · 1875
  4. McCruden v. Rochester Railway Co.New York Supreme Court · 1893
  5. Chipman v. EmericCalifornia Supreme Court · 1855

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