Legal Opinion

Brown v. Cole

Missouri Court of Appeals

Decided February 1, 1910PublishedCited by 1 opinion

Appeal from Montgomery Circuit Court. — Hon. Jas. D. Barnett, Judge. Section 751, R. S. 1899, as amended by the Session Acts of 1907 at page 121, permits a defendant in a case of unliquidated damages to offer to let judgment go against him for a certain amount, and, in the event of the judgment against him not exceeding that amount, the plaintiff will be liable for all costs subsequent to the service of the offer. Lieurance v. McOomas, 59 Mo.

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Appeal from Montgomery Circuit Court. — Hon. Jas. D. Barnett, Judge. Section 751, R. S. 1899, as amended by the Session Acts of 1907 at page 121, permits a defendant in a case of unliquidated damages to offer to let judgment go against him for a certain amount, and, in the event of the judgment against him not exceeding that amount, the plaintiff will be liable for all costs subsequent to the service of the offer. Lieurance v. McOomas, 59 Mo. App. 118; Rosenberger v. Harper, 88 Mo. App. 169.

1Opinion of the CourtGoode, J.

This is an appeal from an order of the court refusing to tax costs which accrued subsequent to October 7, 1907, in a cause pending in the circuit court. Said case was one for unliquidated damages, and, we think, was in tort for the negligence of the defendant. The petition was filed September 10, 1907, and on October seventh of said year, the defendant caused to be served on the attorney of record for plaintiff an offer to allow plaintiff to take judgment against defendant for the sum of $50.01 and the costs accrued up to that date. The offer said it was made under section 571 of the Revised…

2Cases cited4 opinions

  1. Boyd v. J. M. Ward Furniture, Stove & Carpet Co.Missouri Court of Appeals · 1889
  2. Lieurance v. McComasMissouri Court of Appeals · 1894
  3. Rosenberger v. HarperMissouri Court of Appeals · 1900
  4. Maxwell v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1902

3Cited by1 opinion

  1. Parr v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1916

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