. Annual report of the Commissioners of Fisheries, Game and Forests of the State of New York . seems to me, is not jurisdictional, and it appears to be oneof the least of the defects which the Legislature had power to cure and did cure by chapter 448of the Laws of 1885. Under the second cause of action alleged in the complaint, and upon the theory upon whichthis action was tried, I think the plaintiff is entitled to recover against this defendant for at leastthe sum for which judgment is directed, which sum is less than treble the amount of the value,as found, of the trees standing and not in
. Annual report of the Commissioners of Fisheries, Game and Forests of the State of New York . seems to me, is not jurisdictional, and it appears to be oneof the least of the defects which the Legislature had power to cure and did cure by chapter 448of the Laws of 1885. Under the second cause of action alleged in the complaint, and upon the theory upon whichthis action was tried, I think the plaintiff is entitled to recover against this defendant for at leastthe sum for which judgment is directed, which sum is less than treble the amount of the value,as found, of the trees standing and not in excess of the value as found, or the timber beforeit was carried off of the land. The allegation caused to be cut and carried away and assisted in cutting and removing,and converting to his own use timber and logs remaining on said premises is a sufficientallegation under the proof to charge the defendant, at least, with the value of the logs uponthe skid ways upon the lands of the plaintiff. S. A. Kellogg, J. S. —The above judgment was subsequently affirmed by Appellate THE END, v X^__ -iJEd SMITHSONIAN INSTITUTION LIBRARIES
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Keywords: ., bookcentury1800, bookdecade1890, booksubjectforests, bookyear1895
