Pingree v. Snell
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Cutting, J., presiding. This was an action of Assumpsit. The defendant filed an offer to be defaulted, at the first term, which offer was accepted by plaintiff at the second term, and a default entered accordingly. The defendant then moved for his costs, from the date of his offer to the time the default was entered, which motion the Court overruled.
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On Exceptions from Nisi Prius, Cutting, J., presiding. This was an action of Assumpsit. The defendant filed an offer to be defaulted, at the first term, which offer was accepted by plaintiff at the second term, and a default entered accordingly. The defendant then moved for his costs, from the date of his offer to the time the default was entered, which motion the Court overruled. To this ruling the defendant excepted. 1st. The defendant is not entitled to cost by R. S., c. 115, § 22. The original statute on this subject, (Act of 1835, c. 165, § 6,) contains two separate and independent…
1Opinion of the CourtAppleton, J.
It is provided by R. S., c. 115, § 22, that “in any action founded on judgment or contract, the defendant may offer and consent in writing to be defaulted, and that judgment may be entered against him for a specified sum as damages; and the same shall be entered of record, and the time when the offer was made; and if the plaintiff shall proceed to trial and recover no greater sum for his debt or damage, up to the time when the offer was made, the defendant shall recover his costs of the plaintiff, from the time of such offer up to the time of trial,” &c. According to the clear and express…
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