Hammond v. N. P. R. R.

Citations

• 23 Or. 157
• 31 P. 299
• 1892 Ore. LEXIS 122

Syllabus

<p>Costs — Offer of Judgment — Code, § 520. — The offer of compromise, which Hill’s Code, § 520, declares may be served on plaintiff by defendant at any time before trial, and which if accepted is to be filed with the clerk, thereby stopping further costs, except in case of a more favorable judgment, may be made as well in the answer filed by defendant as in a separate writing; and, if so made, service thereof is not necessary, plaintiff being presumed to take notice of all matters contained in the pleadings.</p> <p>Idem. — The offer of compromise need not provide for costs at all, it is enough that it contains a sum for which judgment is to be entered; if the offer is accepted, it carries all the costs of the action by force of other provisions of the statute provided it be for more than fifty dollars.</p> <p>Idem. — The fact that such an offer provides only for accrued costs, and not for costs of entering the judgment, does not render it ineffectual, and the limitation thereby attempted to be made is void, as, under the above statute, an offer merely “ for the sum * * * specified ” is sufficient. Leslie v. Walrath, 45 Hun, 18, distinguished.</p> <p>Offer of Compromise — More Favorable Judgment. — A judgment for a sum less than, or equal to, the amount offered, is not a “ more favorable” judgment within the meaning of section 520, Hill’s Code.</p>