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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 If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence; and if the plaintiff fail to obtain a more favorable...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 Practice Cases, Determined in the Courts of the State of New York - Halaman 331
1874
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 halaman
...of acceptance be not given, the offer shall be deemed withdrawn and shall not be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he shall pay the defendant's costs, from the time of the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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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

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...acceptance be not given, the offer shall he deemed withdrawn, and shall not be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he shall pay the defendant's costs, from the time of the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

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 halaman
...notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...recover costs, but must pay the defendant's costs, from the time of the offer. Amended Code, § 385, extended so as to embrace every action, instead of...
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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 halaman
...notice of acceptance be not given, the offer is to be deemed withdrawn, nnd cannot be given in evidence, and if the plaintiff fail to obtain a more favorable...recover costs, but must pay the defendant's costs, from the time of the offer. Although the defendant may obtain costs, he is not entitled to an extra...
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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 halaman
...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...recover costs, but must pay the defendant's costs from the time of the offer. This section was substituted for 338 of the code of 1848, with which prior...
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Laws of the State of New York, Volume 2

New York (State) - 1851 - 1408 halaman
...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...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 co-Emmina. plaintiff or...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 halaman
...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...recover costs, but must pay the defendant's costs, from the time of the offer. Defendant § 386. In an action arising on contract, the defendant tTifquidaw...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 halaman
...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...recover costs, but must pay the defendant's costs, from the time of the offer. It is obvious that, wherever admissible, ie, in all cases where the defendant...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 halaman
...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...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 of 1848, with which...
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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 halaman
...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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