| New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...acceptance be not given, the offer shall he deemed withdrawn, and shall not be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he shall pay the defendant's costs, from the time of the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). Legislature - 1848 - 672 pages
...of acceptance be not given, the offer shall be deemed withdrawn and shall not be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he shall pay the defendant's costs, from the time of the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 - 1850 - 898 pages
...notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...the defendant's costs, from the time of the offer.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) - 1851 - 1408 pages
...notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...the defendant's costs, from the time of the offer.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... | |
| New York (State). - 1851 - 266 pages
...notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...the defendant's costs, from the time of the offer.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 pages
...notice of acceptance be not given, the offer is to be deemed withdrawn, nnd cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...the defendant's costs, from the time of the offer.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), Member of the New-York Bar - 1851 - 410 pages
...notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...the defendant's costs from the time of the offer.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) - 1852 - 606 pages
...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... | |
| Henry Whittaker - 1852 - 900 pages
...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... | |
| California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...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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