Fisher & Lanning v. Quillen

Citations

• 76 Ohio St. (N.S.) 189

Syllabus

<p>Offer to confess judgment — Section 5141, Revised Statutes — Plaintiff recovers less than offer — Costs adjudged against plaintiff— Presumption that statute was complied with, when — Court procedure.</p> <p>Where, in an action for the recovery of money, it appears from the journal entries that the defendant offered in court to confess judgment for part of the amount claimed, and that on the trial the plaintiff did not recover more than was offered to be confessed and the interest thereon from the date of the offer, and that all' the costs incurred after the offer was made were adjudged against the plaintiff; on error it will be presumed, in the absence of a different showing on the record by bill of exceptions or otherwise, that the requirements of Section 5141, Revised Statutes, were complied with, and that the judgment for costs, is correct.</p>