
    SUPREME COURT.
    Keese agt. Wyman.
    Costs,;on an offer of judgment, not accepted.
    
      At Chambers,
    
    
      May 1853.
    The action was to recover land. The defendant sent with his answer, which was a general denial of the complaint,' an offer under § 385, allowing the plaintiff to take judgment for a certain part of the premises claimed. The offer was not accepted, and notice of trial was served within' two days thereafter. The plaintiff did not obtain a more favorable judgment than the offer.
    The questions were as to the costs to be allowed to each, and extra costs.
    R. S. Hale, for Plaintiff.
    
    J. E. McVine, for Defendant.
    
   Hand, Justice

Allowed the plaintiff $12 and his disbursements up to the time of the offer; but disallowed all costs and disbursements after that (including disbursements on entering up judgment).

He also allowed the defendant full costs, excepting $5 (costs before notice of trial), but no costs of entering up a separate judgment for his costs. e

He also disallowed extra costs to the defendant.  