Mansfield v. Fleck

Decided June 16, 1876

Supreme Court of Minnesota · decided 1876-06-16

This action was brought in the district court for Mower county, and ivas regularly on the calendar for trial at the March term, 1875. On March 2d — the first day of the term — the defendant duly served an offer to allow judgment to be taken against him for $100, and costs to the date of the offer. The offer was not accepted. On March 12th the cause was tried by a jury, and plaintiff had a verdict for but $50.

Relies on Pomeroy v. Hulin & Beebe

Good law ✅— No negative treatment on recordhow we know

Decided 1876-06-16

How this case has been cited

Cited by 3 later decisions — most recently April 2012

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Cornell, J.

¶1An offer of judgment, pursuant to Gen. St. c. 66, § 241, to be of any effect upon the recovery of costs occasioned by the trial, must be made and served ten days before the commencement of the trial. The plaintiff is entitled to the full period of ten days in which to accept or reject the offer, and, in case of acceptance, to give notice thereof. Pomeroy v. Hulin, 7 How. Pr. 161. In ascertaining this period, the day of service of the offer must be excluded, (Gen. St. c. 66, § 68,) and the trial must be *62regarded as a single point of time identical with its commencement. The offer in this case was served March 2d, and the trial of the action regularly commenced on the 12th of the same month. As the plaintiff had the whole of this latter day in which to decide upon the question of acceptance or rejection, and, in case of acceptance, to give notice thereof, it follows that the offer came too late to be effectual for any purpose.

¶2Judgment affirmed.