Thompson v. Baxter
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District. Hance N. Hutton, Judge, on exchange of circuits. A tender after commencement of suit must also include all costs of suit. 1 Ark. 11; 2 Cyc. 77; 13 Am. Dig. § 142; 54 Ark. 215; 64 Vt. 566; 58 Mo. App. 647. There was no error in judging costs against appellant. 45 Ark. 37; 13 Ark. 436; Kirby’s Dig. § § 972, 6283; 17 Ark. 361; 65 Ark. 219; 30 Ark. 505.
1Opinion of the CourtHiel, C. J.
Thompson sued Ed and Vernon Baxter in the . court of a justice of the peace for the sum of $94, and caused an attachment to issue. Baxter, on the day after suit was filed, made a tender of $5, and, upon it being refused, delivered the money to the constable to keep the tender good as a deposit in court. On the trial Thompson recovered $5, and appealed, and recovered judgment in circuit court for the same amount. In both courts there was a finding that the tender was made and kept good, and that Thompson recover costs prior to tlie tender, and the costs subsequent thereto were adjudged against…
2Cited by3 opinions
- Great Western Land Co. v. BarkerSupreme Court of Arkansas · 1924
- Dickinson v. AtkinsSupreme Court of Arkansas · 1918
- Walker v. WhitmoreSupreme Court of Arkansas · 1924