McHugh v. Timlin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauh County. This was an action before a justice of the peace for injury to the plaintiff’s crops by the defendant’s cattle, and for negligently burning the plaintiff’s rails, &c. Answer, a general denial. Judgment before the justice for $100, from which defendant appealed.
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APPEAL from the Circuit Court for Sauh County. This was an action before a justice of the peace for injury to the plaintiff’s crops by the defendant’s cattle, and for negligently burning the plaintiff’s rails, &c. Answer, a general denial. Judgment before the justice for $100, from which defendant appealed. Before the case was noticed for trial, the defendant served on the plaintiff’s attorney an offer in writing to permit the plaintiff to take judgment against him for $20 and costs. The offer was not accepted, and on the trial in the circuit court, the plaintiff had a verdict for one cent in…
1Opinion of the CourtCole, J.
We think that chap. 97, Laws of 1858, does not apply to actions for trespass to real, estate. It provides that the defendant may, at any time before trial or verdict, serve upon the plaintiff an offer in writing to allow judgment to be taken against him for the sum, or property, or to the effect, therein specified, with costs. If the plaintiff refuse to accept the offer, and fail to obtain a more favorable judgment, he cannot recover costs, but must pay defendant’s costs from the time of the offer. This law was undoubtedly intended as an amendment of the provisions of the code corresponding…
2Cited by3 opinions
- Velsian v. LewisOregon Supreme Court · 1888
- Capitol Sand & Gravel Co. v. WaffenschmidtWisconsin Supreme Court · 1976
- Hale v. WigtonNebraska Supreme Court · 1886