Smith v. Castlers
New York Supreme Court
Motion for treble damages and treble costs. In an action for trespass on lands and taking and carrying away timber, the jury found the value of the timber taken to be ,$67, and found a verdict for that amount.
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Motion for treble damages and treble costs. In an action for trespass on lands and taking and carrying away timber, the jury found the value of the timber taken to be ,$67, and found a verdict for that amount. Tiie judge certified that on the trial of the cause, the title of the plaintiff to the lands entered upon came in question; that the lands were not in the actual possession of the plaintiff, and he was required by the defendant on the trial to prove his title to the same. The suit was commenced previous to 1st January, 1830. A motion was now made to treble the damages, and that the…
1Opinion of the Court
By the Court,
Marcy, J.
Under the statute giving treble the value of timber carried off of land, 1 R. L. 525, § 29, it was held that the plaintiff was entitled to treble costs as well as to treble damages. 14 Johns. R. 328. By the revised statutes, however, it is declared that whenever by the provisions of any statute a plaintiff shall be entitled to recover double or treble the damages assessed by a jury, if such damages so doubled or trebled, as the case may be, entitle him to recover costs, he shall recover single costs only, except in cases specially provided for by law. 2 R. S. 616, § 23.…
2Cited by4 opinions
- Fargo v. HamlinNew York Supreme Court · 1886
- In re SextonNew York Surrogate's Court · 1882
- In re the Probate of the Will of BudlongNew York Supreme Court · 1884
- Standard Oil Co. v. Valley Railway Co.Cuyahoga Circuit Court · 1893