Casey

The plaintiff brought this action on June 12, 1909, to recover the sum of $482, an alleged balance due for board and lodging furnished to certain employees of defendant and for a certain quantity of corn sold and delivered to said defendant by plaintiff.

The defendant answered the complaint in due time, and the cause was set down for trial for December 21, 1909.

On the twentieth day of December, 1909, the defendant served a written offer on the plaintiff to allow judgment to be taken for the sum of $200. This offer was filed on the twenty-first day of December, 1909, and on the same day the plaintiff accepted in writing said offer, and thereupon judgment was rendered and entered in favor of plaintiff for the amount so offered and accepted.

Respondent thereafter filed his cost bill, and subsequently the defendant moved to strike out the same on the ground that, as the judgment rendered and entered in his favor was for a sum less than $300, plaintiff was not entitled to costs.

The court made an order denying this motion, and it is from said order that the defendant presents this appeal.

The precise question submitted here- is new in California, so far as we know to the…