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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 If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence upon the trial; and if the plaintiff fail to obtain a... "
Practice Reports in the Supreme Court and Court of Appeals - Página 5
por Nathan Howard (Jr.) - 1867
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The Code of Civil Procedure of the State of New York: Reported ..., Volumen2

New York (State). - 1850 - 920 páginas
...given, the offer is to be deemed withdrawn, and can not be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant's costs, from the time of the offer. Amended Code, § 385, extended so as to embrace...
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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
...given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant's costs from the time of the offer. This section was substituted for 338 of the code...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 páginas
...given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant's costs, from the time of the offer. Defendant § 386. In an action arising on contract,...
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Laws of the State of New York, Volumen2

New York (State) - 1851 - 1408 páginas
...given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant's costs, from the time of the offer. <$ 397. A party may be examined on behalf of his...
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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
...given, the offer is to be deemed withdrawn, nnd cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay the defendant's costs, from the time of the offer. Although the defendant may obtain costs, he is not...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 páginas
...given, the 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, but must pay the defendant's costs, from the time of the offer. It is obvious that, wherever admissible, ie, in...
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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
...given, the 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, but must pay the defendant's costs from the time of the offer. This section was substituted for s. 338 of the code...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 páginas
...given, the 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, but must pay the defendant's costs from the time of the offer. a. '1'h is section was substituted for в. 338 of...
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Wisconsin Session Laws

Wisconsin - 1858 - 292 páginas
...given, the offer is deemed to be withdrawn and cannot be given as evidence ; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay defendants costs from the time of the offer. SEC. 2. This act shall take effect and be in force from...
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General Acts Passed by the Legislature of Wisconsin

Wisconsin - 1858 - 328 páginas
...given, the offer is deemed to be withdrawn and cannot be given as evidence ; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs, but must pay defendants costs from the time of the offer. SEC. 2. This act shall take effect and be in force from...
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