 | New York (State) - 1876 - 398 halaman
...notice of acceptance is not thus given, the offer cannot be given in evidence upon the trial ; but, if the plaintiff fails to obtain a more favorable...time of the offer, but must pay costs from that time. § 739. Where the defendant sets up a counterclaim, to an amount greater than the plaintiff's claim,... | |
 | New York (State), William Wait - 1877 - 662 halaman
...notice of acceptance is not thus given, the offer cannot be given in evidence upon the trial ; but, if the plaintiff fails to obtain a more favorable...time of the offer, but must pay costs from that time. Code Pro., part of ? 385, amended, fails to obtain a more favorable judgSee Wait's Code, 732-734 ;... | |
 | New York (State) - 1877 - 572 halaman
...the recovery is not more favorable to the defendant than that so offered, he will not be entitled to recover costs from the time of the offer, but must pay costs from that time. Offer and acceptnuce, by whom subscribed. § 740. Unless an offer or an acceptance, made as prescribed... | |
 | 1878 - 462 halaman
...is not more favorable to the d fendant than that so offered, he will not be entitled to recover cos from the time of the offer, but must pay costs from that time. § 740. Unless an offer or an acceptance, made as prescribed in eitln of the last four sections, is... | |
 | New York (State) - 1879 - 436 halaman
...notice of acceptance is not thus given, the offer cannot be given in evidence upon the trial ; but, if the plaintiff fails to obtain a more favorable...of the offer, but, must, pay costs from that time. § 739. Where the defendant sets up a counterclaim, to an amount greater than the plaintiff's claim,... | |
 | 1879 - 456 halaman
...notice of acceptance is not thus given, the offer cannot be given in evidence upon the trial ; but, if the plaintiff fails to obtain a more favorable...recover costs from the time of the offer, but must pay cost* from that, time. § 739. Where the defendant sets up a counterclaim, to an amount greater than... | |
 | New York (State) - 1880 - 832 halaman
...offer is not thus accepted, it cannot be proved upon the trial; and if the party, to whom it was made, fails to obtain a more favorable judgment, he cannot...time of the offer, but must pay costs from that time. Amount § 3073. Upou an appeal; provided for in this article, costs, when awarded, must be as follows,... | |
 | New York (State) - 1880 - 668 halaman
...offer is not thus accepted, it cannot be proved upon the trial ; and if the party, to whom it was made, fails to obtain a more favorable judgment, he cannot...time of the offer, but must pay costs from that time. [Co. Proc., § 3G6, subd. 5, except so much thereof as ia included in § 3070, ante, and the clause,... | |
 | New York (State) - 1881 - 1532 halaman
...notice of acceptance is not thus given, the offer cannot be given in evidence upon the trial ; but, if the plaintiff fails to obtain a more favorable...time of the offer, but must pay costs from that time. Oo. Proc., part of}aŤ. Burn"tt r. Westfall. 13 Mow. 430; Lumbarcl r. Syracus- Stn-el RR Co., W NY... | |
 | New York (State), Charles David Rust - 1885 - 814 halaman
...offer is not thus accepted, it cannot be proved upon the trial; and if the party, to whom it was made, fails to obtain a more favorable judgment, he cannot...time of the offer, but must pay costs from that time. § 3073. Upon an appeal, provided for in this article, costs, when awarded, must be as follows, besides... | |
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... accepts the offer, he may file the summons, complaint, and offer, with proof of acceptance, and thereupon the clerk must enter judgment accordingly. If notice of acceptance... 
