Lewis v. Thompson
Appellate Division of the Supreme Court of the State of New York
- Appeal by the defendant, George K. Thompson,.from a judg-^ ment of the County Court of "Westchester county in favor of the plaintiff,-entered in the office of the clerk-of. the county of Westchester on the 21st day of September, .1895, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of September, 1895, denying the defendant’s motion for a new trial, made upon the minutes. ■ . The action.Was brought to recover damages for…
Read the full summary
- Appeal by the defendant, George K. Thompson,.from a judg-^ ment of the County Court of "Westchester county in favor of the plaintiff,-entered in the office of the clerk-of. the county of Westchester on the 21st day of September, .1895, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of September, 1895, denying the defendant’s motion for a new trial, made upon the minutes. ■ . The action.Was brought to recover damages for trespass in cutting down trees, in which, action plaintiff'claimed’treble damages under section-1667 of-the Code-of Civil-…
1Opinion of the Court
Willard Bartlett, J.:
This suit differs in some respects from the ordinary action of trespass for the disturbance" of possessory rights: The complaint not only-states-facts sufficient to constitute a cause-of action in such a suit,-but the prayer for treble damages indicates that the purpose of the plaintiff was to enforce the statutory remedy given by section 1667 of the Code of Civil Prpcediu'e,_where the trespass consists in cutting down trees, and the stipulation in the record -to the effect that the action was brought under -that- section leaves .no -doubt on-the subject.
■ It does not…
2Cases cited4 opinions
- Argotsinger v. . VinesNew York Court of Appeals · 1880
- Achey v. HullMichigan Supreme Court · 1859
- McCleary v. AnthonyMississippi Supreme Court · 1877
- Edwards v. HillIllinois Supreme Court · 1849
3Cited by4 opinions
- London v. CourduffAppellate Division of the Supreme Court of the State of New York · 1988
- Claim of Ehrsam v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1899
- Farmers' Loan & Trust Co. v. PendletonNew York Supreme Court · 1902
- Barton v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1913