Pierce v. Spring

This was an action of trespass, under the statute of 1795, c. 75, 3, which gives treble damages to the party aggrieved, against persons who cut down trees, &c., pending an action for recovering possession of lands on which such trees,. &c., are standing. After a verdict for the plaintiff, the defendants moved in arrest of judgment, on the ground that the action should have been debt, instead of trespass.