 | New York (State). Legislature - 1848 - 672 էջ
...of acceptance be not given, the offer shall be deemed withdrawn and shall not be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he shall pay the defendant's costs, from the time of the offer. Defendant § 339. In an action arising... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 էջ
...acceptance be not given, the offer shall he deemed withdrawn, and shall not be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he shall pay the defendant's costs, from the time of the offer. § 339. In an action arising on contract,... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 էջ
...notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...the defendant's costs, from the time of the offer. Amended Code, § 385, extended so as to embrace every action, instead of confining it to an action... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 էջ
...notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...the defendant's costs from the time of the offer. This section was substituted for 338 of the code of 1848, with which prior to it» amendment it was... | |
 | New York (State). - 1851 - 266 էջ
...notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...the defendant's costs, from the time of the offer. Defendant § 386. In an action arising on contract, the defendant tTifquidaw may, with his answer,... | |
 | New York (State), Henry Strong McCall - 1851 - 244 էջ
...notice of acceptance be not given, the offer is to be deemed withdrawn, nnd cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...the defendant's costs, from the time of the offer. Although the defendant may obtain costs, he is not entitled to an extra allowance. McLees agt. Avery,... | |
 | New York (State) - 1851 - 1408 էջ
...notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...the defendant's costs, from the time of the offer. <$ 397. A party may be examined on behalf of his co-Emmina. plaintiff or a co-defendant as to any matter... | |
 | Henry Whittaker - 1852 - 900 էջ
...of acceptance be not given, the offer is to be deemed withdrawn, and cannot he given in evidence ; and if the plaintiff fail to obtain a more favorable...the defendant's costs, from the time of the offer. It is obvious that, wherever admissible, ie, in all cases where the defendant cannot dispute the correctness... | |
 | New York (State) - 1852 - 606 էջ
...of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence ; and if the plaintiff fail to obtain a more favorable...the defendant's costs from the time of the offer. This section was substituted for s. 338 of the code of 1848, with which prior to its amendment it was... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 էջ
...acceptance be not given, the offer shall be deemed withdrawn, and shall not be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he shall not recover costs, but shall pay the defendant's costs, from the time of the offer. TITLE XI.... | |
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... of notice of acceptance, and the clerk must thereupon enter judgment accordingly. If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence; and if the plaintiff fail to obtain a more favorable... 
