In thе court below, after issue joined, the defendants, under the statute, served a written offer upon plaintiffs to allow judgment to be taken against them for a specified sum and costs. The offer wаs not accepted, and, upon a trial, the plaintiffs reсovered less than the sum specified in the offer. By reason оf thi-s the defendants objected to the allowance of any costs or disbursements to plaintiffs, and claimed that they were еntitled to costs and disbursements. The clerk of the district court sustainеd defendants in their objections, and, upon an appeаl to the court, an order was made that plaintiffs recovеr disbursements in the action, and that defendants
The question in the case is, does thе clause in Gen. St. c. 66, § 241, providing that, in case of an offer by defеndant to allow judgment to be taken for a specified sum and costs, not accepted by plaintiff, ‘ ‘ if the plaintiff fails to obtain a more favorable judgment, he cannot recover сosts, but must pay costs to the defendant,” use the words “ costs ” in the limitеd sense in which it is used in chapter 67 ? That chapter provides for the allowance of certain fixed sums, which it denominates costs, and for other indefinite sums, which it denominates disbursements, and prеserves these designations throughout; but in other parts of the statutes the term costs is used, unquestionably, to indicate both what are called costs, in chapter 67, and disbursements. Thus, in chapter 66, sections 159, 170, 174, 175, 176, 177, regulating garnishee proceedings, there can be no doubt of the intention of the legislature to include disbursements, althоugh only the word costs is used. Indeed, in looking-through the statutes Avhere the term costs is used, in most instances, except in chapter 67, it еvidently includes disbursements ; and when avc consider what Avas the evident purpose of the legislature in chapter 66, section 241, there can be little doubt that the term costs, Avhcnever in that section employed, Avas meant to include all allowances Avhich may be made to a party to reimburse him for expenses and trouble in an action. The purpose of the section Av-as to enable a defendant to avoid further expenses of litigation. A statute the object of Avhich, is to enable, parties to avoid the cost of litigation is a beneficial onе, and ought to bo liberally construed in furtherance of its objeсt. To accomplish this the party may offer to permit judgment to bo taken against him for a specified sum and costs — that is, all the allowances to Avhich the plaintiff is entitled up to the time his оffer is accepted or deemed Avithdniwn; and, to enable plaintiff, in case of such an offer, to secure those
The judgment is revex-sed, axxd it will be entered ixx the coux’t below for the verdict, and with costs axxd disbursements to defendants.