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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 If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence; and if the plaintiff fail to obtain a more favorable... "
Reports of Cases Heard and Determined in the Supreme Court of the State of ... - Сторінка 56
автори: Marcus Tullius Hun - 1875
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 стор.
...offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs, from the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...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 стор.
...offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs from the time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...
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Laws of the State of New York, Том 2

New York (State) - 1851 - 1408 стор.
...offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs, from the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...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 стор.
...offer is to be deemed withdrawn, nnd cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs, from the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,...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 стор.
...offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...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,...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 стор.
...offer is to be deemed withdrawn, and cannot he given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...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...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 стор.
...offer is to be deemed withdrawn, and cannot be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...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...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 стор.
...offer is to be deemed withdrawn, and cannot be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs from the time of the offer. a. '1'h is section was substituted for в. 338 of the code of 1848, with which prior to its amendment...
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Practice Reports in the Supreme Court and Court of Appeals, Том 15

Nathan Howard (Jr.) - 1858 - 616 стор.
...offer is to be deemed withdrawn, and cannot be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs from the time of the offer." The question arises upon the provision of the section, declaring that when the plaintiff fails to recover...
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Reports of Practice Cases, Determined in the Courts of the State of ..., Том 6

Austin Abbott - 1858 - 610 стор.
...action up to the time of making the offer ; as if that clause read, " he cannot recover costs after, but must pay the defendant's costs from, the time of the offer." Supreme Ct., Seventh Dist., Sp. T., 1858, Burnett a. Westfall, Ib., 431. OFFICER. 1. What constitutes...
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