Mooers v. Allen — 2 Wend. 247

Majority

p. 247

Mooers vs. Allen.

Headnote

A plaintiff is not entitled to treble damages and costs in an action of trespass for cutting timber where the narr. contains several counts besides the count under the statute, and the verdict is general.

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.

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.