Mansfield v. Fleck
Supreme Court of Minnesota
This action was brought in the district court for Mower county, and ivas regularly on the calendar for trial at the March term, 1875. On March 2d — the first day of the term — the defendant duly served an offer to allow judgment to be taken against him for $100, and costs to the date of the offer. The offer was not accepted.
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This action was brought in the district court for Mower county, and ivas regularly on the calendar for trial at the March term, 1875. On March 2d — the first day of the term — the defendant duly served an offer to allow judgment to be taken against him for $100, and costs to the date of the offer. The offer was not accepted. On March 12th the cause was tried by a jury, and plaintiff had a verdict for but $50. The defendant thereupon objected to any costs being taxed against him, and claimed that, as the verdict was less than his offer, his costs and disbursements should be taxed against the…
1Opinion of the CourtCornell, J.
An offer of judgment, pursuant to Gen. St. c. 66, § 241, to be of any effect upon the recovery of costs occasioned by the trial, must be made and served ten days before the commencement of the trial. The plaintiff is entitled to the full period of ten days in which to accept or reject the offer, and, in case of acceptance, to give notice thereof. Pomeroy v. Hulin, 7 How. Pr. 161. In ascertaining this period, the day of service of the offer must be excluded, (Gen. St. c. 66, § 68,) and the trial must be *62regarded as a single point of time identical with its commencement. The offer in this case…
2Cases cited1 opinion
- Pomeroy v. Hulin & BeebeNew York Supreme Court · 1852
3Cited by3 opinions
- Stoebe v. Merastar Insurance Co.Supreme Court of Minnesota · 1996
- Wangensteen v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1944
- Gallaher v. TitlerCourt of Appeals of Minnesota · 2012