Johnson v. Wamego Township

Citations

• 81 Kan. 259
• 105 P. 530
• 1909 Kan. LEXIS 354

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgments — Offer to Confess, Made During Vacation — Acceptance after Statutory Time — Offer on File. An offer to allow judgment to be taken which is served in the vacation of the court but is not accepted within five days after service upon the adverse party, as provided by section 523 of the civil code (Gen. Stat. 1901, §5000), will not sustain a judgment rendered thereon over the objection of the party who made the offer, although such offer had been filed with the clerk and remained on file when it was accepted.</p> <p>2. - Withdrawal of Offer — Failure to Give Timely Notice ■ of Acceptance. In such case, if the notice of acceptance be not given within the period limited therefor, the offer is deemed withdrawn without any action of the party who made it.</p>