8 How. Pr. 88
Decided May 15, 1853
New York Supreme Court · decided 1853-05-15
The action was to recover land. The defendant sent with his answer, which was a general denial of the complaint,' an offer under § 385, allowing the plaintiff to take judgment for a certain part of the premises claimed. The offer was not accepted, and notice of trial was served within' two days thereafter. The plaintiff did not obtain a more favorable judgment than the offer. The questions were as to the costs to be allowed to each, and extra costs.
Cited by 1 later decisions — most recently November 1900
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1853-05-15
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¶1Allowed the plaintiff $12 and his disbursements up to the time of the offer; but disallowed all costs and disbursements after that (including disbursements on entering up judgment).
¶2He also allowed the defendant full costs, excepting $5 (costs before notice of trial), but no costs of entering up a separate judgment for his costs. e
¶3He also disallowed extra costs to the defendant.