Shearer v. Hutchinson County

Citations

• 10 S.D. 9
• 70 N.W. 1051
• 1897 S.D. LEXIS 2

Syllabus

<p>1. Comp. Laws, $ 6108, providing that if plaintiff does not accept an offer for judgment made before trial, and fails to recover a sum equal to the offer he cannot recover costs, applied to an action by S. and others, in which leave was granted S., on his motion,- to strike out the names of all the other plaintiffs after the offer was made, and the ease proceeded in the name of S. as plaintiff.</p> <p>2. In an action by S. against a county for services, the complaint alleged that “plaintiff at the request of the coroner,” performed the services; and he testified that the coroner directed him to do certain work, and get such help as he needed; that he took three other men to assist him; and that he told them he would “put the bill in to the county for our services, and, as soon as the bill is allowed you will have your money.” S. put in a bill in his own name for the amount claimed in suit, without mentioning either of the other men, and there was no evidence that he had paid either of thorn. Held, that he could not recover for their services.</p>