Shattuck v. Chamberlin — 4 Cow. 14

Majority

p. 14

Shattuck against Chamberlin.

Headnote

An oflbr of costs, on stipulating to try a cause, should-be made to the defendant’s attorney, not to his counsel

This cause being at issue, the plaintiff noticed it for trial; but neglected to bring it on at the circuit, his attorney tendered a stipulation to try at the next circuit, to the counsel for the defendant, and offered to pay the costs ; notwithstanding which,

Z. A. Leland, now moved for judgment as in case of nonsuit, on the ground that the offer to pay costs should have been made to the attorney.

W. M. Oliver, contra.

The offer to pay costs was insufficient, as being made to the defendant’s counsel. It should have been to the attorney. He, alone, is in general able to know the amount of the costs, and authorized to receive them. The motion must be. granted, ¡unless the plaintiff stipulate.

Rule accordingly.