Benda v. Fana

The cause presently before this court raises questions as to the meaning of Section 2311.17, Revised Code (offer out of court to allow judgment), and Section 2311.18, Revised Code (offer in court to confess judgment). These sections are somewhat analogous and to avoid ambiguity should be set out in full.

Section 2311.17, Revised Code:

‘ ‘ The defendant in an action for the recovery of money only, at any time before the trial, may serve upon the plaintiff, or his attorney, an offer in writing to allow judgment to be taken against bim, for the sum specified therein. If the plaintiff accepts the…