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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 If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence; and if the plaintiff fail to obtain a more favorable... "
Transcript Appeals ... the File of Opinion in Cases Argued Before the Court ... - Página 268
de New York (State). Court of Appeals - 1907
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 páginas
...acceptance be not given, the offer shall he deemed withdrawn, and shall not be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he shall pay the defendant's costs, from the time of the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,...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 páginas
...of acceptance be not given, the offer shall be deemed withdrawn and shall not be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he shall pay the defendant's costs, from the time of the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...
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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 páginas
...notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...the defendant's costs, from the time of the offer.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...
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Laws of the State of New York, Volume 2

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...notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...the defendant's costs, from the time of the offer.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

New York (State). - 1851 - 266 páginas
...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,...
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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 páginas
...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,...
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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 páginas
...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...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 páginas
...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...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 páginas
...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...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 páginas
...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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