McHugh v. Timlin

Wisconsin Supreme Court

McHugh v. Timlin

20 Wis. 487

CourtWisconsin Supreme Court

DecidedJanuary 15, 1866

StatusPublished

Cited by3 cases

This text of 20 Wis. 487 (McHugh v. Timlin) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McHugh v. Timlin, 20 Wis. 487 (Wis. 1866).

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Opinions

Cole, J.

We think that chap. 97, Laws of 1858, does not apply to actions for trespass to real, estate. It provides that the defendant may, at any time before trial or verdict, serve upon the plaintiff an offer in writing to allow judgment to be taken against him for the sum, or property, or to the effect, therein specified, with costs. If the plaintiff refuse to accept the offer, and fail to obtain a more favorable judgment, he cannot recover costs, but must pay defendant’s costs from the time of the offer. This law was undoubtedly intended as an amendment of the provisions of the code corresponding to sections 16 and 17, chap. 140, R. S. And upon referring to those provisions it will be seen that they relate expressly to actions arising upon contract.

By the Court. — The order of the circuit court is affirmed.

[489]*489A motion for a rehearing was disposed of as follows:

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Cole, J.

We think that chap. 97, Laws of 1858, does not apply to actions for trespass to real, estate. It provides that the defendant may, at any time before trial or verdict, serve upon the plaintiff an offer in writing to allow judgment to be taken against him for the sum, or property, or to the effect, therein specified, with costs. If the plaintiff refuse to accept the offer, and fail to obtain a more favorable judgment, he cannot recover costs, but must pay defendant’s costs from the time of the offer. This law was undoubtedly intended as an amendment of the provisions of the code corresponding to sections 16 and 17, chap. 140, R. S. And upon referring to those provisions it will be seen that they relate expressly to actions arising upon contract.

By the Court. — The order of the circuit court is affirmed.

[489]*489A motion for a rehearing was disposed of as follows:

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Bluebook (online)

20 Wis. 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mchugh-v-timlin-wis-1866.

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