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" ... shall be enforced for more than the amount of the corrected judgment. If such offer be not made, and the judgment in the appellate court be more favorable to the appellant than the judgment in the court below, or if such offer be made and not accepted,... "
Practice Reports in the Supreme Court and Court of Appeals - Page 157
by Nathan Howard (Jr.) - 1866
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 5

New York (State) - 1863 - 1026 pages
...than the amount of the corrected judgment. If such offer be not made, and the judgment in the county court be more favorable .to the appellant, than the judgment in the court below, or if such offer be made and not accepted, and the judgment be more favorable to the appellant than...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 320 pages
...stay execution shall be enforced for more than the amount of the- corrected judgment. If such offer be not made, and the judgment in the appellate court...the appellant than the judgment in the court below, or if such offer be made and not accepted, and the judgment of the appellate court be more favorable...
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Laws of the State of New York, Volume 2

New York (State) - 1866 - 1190 pages
...stay execution shall be enforced for more than the amount of the corrected judgment. If such offer be not made, and the judgment in the appellate court be more favorable to the l^' offer appellant than the judgment in the court below, or if IB not such offer be made and not accepted,...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 1

Austin Abbott - 1866 - 596 pages
...of section 371 of the Code, giving costs to the appellant when the judgment in the county court is more favorable to the appellant than the judgment in the court below, in certain cases. Tli e notice of appeal in the case contains six specifications alleging error in...
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1086 pages
...stay execution shall be enforced for more than the amount of the corrected judgment. If such offer be not made, and the judgment in the appellate court...the appellant than the judgment in the court below, or if such offer be made and not accepted, and the judgment of the appellate court be more favorable...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 2

Austin Abbott - 1867 - 584 pages
...sec. 371). The language of the Code at the time the county court made the order appealed from, was, if the judgment in the appellate court be more favorable...the appellant than the judgment in the court below, the appellant shall recover costs, otherwise the respondent shall be entitled to costs (Code, sec....
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 298 pages
...favorable to the appellant than the judgment in the court below, or if such offer be made and not accepted, and the judgment in the appellate court be more favorable to the appellant than the offer of the respondent, the appellant shall recover costs ; provided, however, that the appellant...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 2

1867 - 588 pages
...the time the county court made the order appealed from, was, if the judgment in the appellate cjourt be more favorable to the appellant than the judgment in the court below, the appellant shall recover costs, otherwise the respondent shall be entitled to costs (Code, sec....
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The Constitution of South Carolina: Adopted April 16, 1868, and the Acts and ...

South Carolina - 1868 - 942 pages
...favorable to the appellant than the judgment in the Court below, or if such offer be made and not accepted, and the judgment in the Appellate Court be more favorable to the appellant than the offer of the respondent, the appellant shall recover costs : Provided, however, That the appellant...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 6

New York (State) - 1868 - 912 pages
...favorable to the appellant than the judgment in the court below, or if such offer be made and not accepted, and the judgment in the appellate court be more favorable to the appellant than the offer of the respondent, the appellant shall recover costs; provided, however, that the appellant shall...
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