Gardner v. Lovegren

The opinion of the court was delivered by

Dunbar, J.

This appeal is from an order granting respondent’s motion for a new trial. The action was brought to recover treble damages for trespass, under §§ 5656 and 5657, Bal. Coda The complaint alleged the ownership of certain land in respondent; that the appellants knowingly and wilfully entered upon the land and knowingly, wrongfully, and wilfully cut down and converted into shingle bolts and removed therefrom certain cedar trees, the total value of which was $700; that, by reason of such wilful and unlawful entry, respondent was damaged in the sum…