Hazelwood v. Mendenhall

Citations

• 97 Kan. 116
• 156 P. 696
• 1916 Kan. LEXIS 238

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Punitive Damages as Basis of Appeal — Herd Law. A contention that punitive damages should be allowed in an action under the herd law of 1874 denied, but held not to be too frivolous to be made the basis of an appeal.</p> <p>2. Trial — Justice of Peace — Offer to Confess Judgment — Costs. Where in an action before a justice of the peace the defendant, who at the time has not filed a bill of particulars or otherwise indicated an intention to rely upon a set-off, offers to confess judgment for a stated amount, such offer is to be interpreted, in the absence of some special reason to the contrary, as one to accept a liability for the amount indicated with respect to the claim sued upon. And if, after other costs have accrued, the defendant asserts a cross-demand not connected in any way with the original cause of action, and makes no offer to confess judgment for the amount named, over and above his set-off, he is chargeable with the costs of the trial if the plaintiff is awarded a larger sum on his original claim than that for which the defendant offered to confess-judgment, although the set-off allowed the defendant may reduce the judgment below that amount.</p>