Atkins v. Ost
Missouri Court of Appeals
Appeal from Wayne Circuit Court. — Eon. E. M. Dearing, Judge. The appellant attempts to make a tender, after action brought under section 1566, R. S. 1899, by depositing $30 with circuit clerk; the respondent’s contention is that he could not make a tender in this kind of a case, viz: for unliquidated damages, by that means; but that his remedy was under section 751, R. S. 1899 — by serving upon respondent a written offer to permit her to take judgment for $30. But to be a…
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Appeal from Wayne Circuit Court. — Eon. E. M. Dearing, Judge. The appellant attempts to make a tender, after action brought under section 1566, R. S. 1899, by depositing $30 with circuit clerk; the respondent’s contention is that he could not make a tender in this kind of a case, viz: for unliquidated damages, by that means; but that his remedy was under section 751, R. S. 1899 — by serving upon respondent a written offer to permit her to take judgment for $30. But to be a valid tender so as to defeat the costs, it must be valid either (a) under the common law, or (b) under the statutes of…
1Opinion of the CourtGoode, J.
On this appeal the question for decision is as to the correctness of a ruling by the circuit court on a motion filed by the appellant to tax part of the costs against the respondent (plaintiff). The action is one for malicious trespass and was instituted in the circuit court. Its purpose was to recover three times the value of timber belonging to the respondent and alleged to have been cut and carried away by appellant. The value of the timber was laid at $150. Before answering the appellant deposited $30 with the circuit clerk to pay the damages sustained by the respondent and the *258costs that…
2Cases cited5 opinions
- Henry v. LoweSupreme Court of Missouri · 1880
- Lieurance v. McComasMissouri Court of Appeals · 1894
- Joyner v. BentleyMissouri Court of Appeals · 1886
- Maxwell v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1902
- Kinney v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1897
3Cited by3 opinions
- State Ex Rel. State Highway Commission v. PaulSupreme Court of Missouri · 1963
- Patrick v. Ilwaco Oyster Co.Washington Supreme Court · 1937
- State Ex Rel. State Highway Commission v. PaulSupreme Court of Missouri · 1963