Livingston v. Platner
1 Cow. 175
N.Y. Sup. Ct.
1823
Check Treatment
Curia.

To entitle him to have the damages and costs trebled, on motion, the plaintiff must, 1. Count upon the statute". 2. The jury must find, generally, for the plaintiff and assess the single value of the wood, &c. cut or carried off. in terms. If they do not thus find, we.will intend that they *176have found the treble value, or that the defendant brought ]}jmsey w¡£tbn the provisos of the act.

Motion denied