 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 páginas
...offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs, from the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... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 páginas
...offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs from the time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... | |
 | New York (State) - 1851 - 1408 páginas
...offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs, from the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... | |
 | New York (State), Henry Strong McCall - 1851 - 244 páginas
...offer is to be deemed withdrawn, nnd cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs, from the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,... | |
 | New York (State). - 1851 - 266 páginas
...offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs, from the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,... | |
 | Henry Whittaker - 1852 - 900 páginas
...offer is to be deemed withdrawn, and cannot he given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...defendant's costs, from the time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... | |
 | New York (State) - 1852 - 606 páginas
...offer is to be deemed withdrawn, and cannot be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs from the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... | |
 | New York (State) - 1855 - 802 páginas
...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... | |
 | Nathan Howard (Jr.) - 1858 - 616 páginas
...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... | |
 | Austin Abbott - 1858 - 610 páginas
...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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... 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... 
