Johnson v. Wamego Township

The opinion of the court was delivered by

Benson, J.:

The action was to recover damages claimed against the township. On December 3, 1907,. in the vacation of the court, the defendant offered in. writing to confess judgment for $300 and costs, served it upon the plaintiff’s attorneys, and filed it with the *260clerk, with the acceptance of service endorsed upon it. On December 10 the court convened, and on the next day the plaintiff filed his acceptance of the offer, upon which the court, on December 16, rendered judgment. The defendant objected to the judgment, on the ground that as the offer had…