Douthitt v. Finch
Citations
- 84 Cal. 214
- 24 P. 929
- 1890 Cal. LEXIS 790
Syllabus
<p>Costs — Offer of Judgment — Construction of Code. — Section 997 of the Code of Civil Procedure, providing that in case of an offer of judgment hy the defendant “if the plaintiff fail to obtain a more favorable judgment he cannot recover costs, but must pay the defendant’s costs from the time of the offer,” is to be construed as applying only to costs accruing after the time of the offer.</p> <p>Id. — Costs Accruing before Offer. — The plaintiff may recover costs accruing in his favor before an offer of judgment by the defendant, though he may recover a less favorable judgment than was offered.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the right to be present exists where “a fair and just hearing would be thwarted by the defendant’s absence” (citation and punctuation omitted)
- “[T]he pre-trial discussion of legal motions was not a critical stage of trial requiring [the defendant’s] presence to ensure a fair hearing.”
- right to be present exists where “a fair and just hearing would be thwarted by the defendant’s absence”
- angry words are not enough to instruct on voluntary manslaughter
Source: CourtListener parenthetical corpus (CC0).
Judges: Vanclief
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.