25 Wend. 420 | N.Y. Sup. Ct. | 1841
By the Oonrt,
The judgment is erroneous. Treble damages are the legal consequence of the finding, as certainly as a judgment is the consequence of a verdict. The Revised Statutes do not essentially differ in this respect from the old law, 2 R. S. 261, § 1, 2; 1 R. L. of 1813, p. 525, § 39. In Newcomb v. Butterfield, 8 Johns. R. 342, was first suggested the mode of ascertaining and trebling the damages. If the jury find the defendants guilty of the trespass as alleged within the act, they are to assess single damages, and it is then the duty of the court to
Ordered accordingly