Petsinger v. Beaver
Supreme Court of Arkansas
APPEAL from Izard Circuit Court. Hon. R. H. Powell, Circuit Judge. All the costs after the refusal of the offer to confess should have been adjudged against the plaintiff', as he recovered less than the offer. Gantt’s Digest, secs. 932-3, 475-8; 23 Ark., 59; 28 Ark., 466; 36 lb., 82.
1Opinion of the CourtSmith, J.
Beavers sued Petsinger before a justice of the peace on an account for $293.57. When the case was called for trial, the defendant filed a written offer to confess judgment in the sum of $120.50 ; but the plaintiff declined to accept this offer. Such further proceedings were had that the plaintiff" recovered judgment before the justice for the full amount of his demand and costs. But on appeal to the Circuit Court and trial de novo, the verdict was for the defendant. This verdict was set aside, the court being of opinion that the plaintiff was entitled to recover on one item of his account…
2Cited by1 opinion
- Shaffstall v. DowneySupreme Court of Arkansas · 1908