84 Cal. 214 | Cal. | 1890
This appeal presents only a question of costs.
The solution of the question depends upon the meaning of the following language: “And if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant’s costs from the time of the offer.” (Code Civ. Proc., sec. 997.)
Precisely this language in section 385 of the New York code has been construed by the courts of that state as it was construed by the trial court in this case (Burnett v. Westfall, 15 How. Pr. 432; Magnin v. Dinsmore, 15 Abb. Pr., N. S., 331); and I think this construction accords with the general understanding of the profession, and with the practice in the superior courts, and therefore that the judgment and order appealed from should be affirmed.
Gibson, C., and Belcher, C. C., concurred.
The Court. — For the reasons given in the foregoing opinion, the judgment and order appealed from are affirmed.