 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs, from the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 - Civil procedure - 1851 - 410 pages
...offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs from the time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) - Session laws - 1851 - 1408 pages
...offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs, from the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 - Civil procedure - 1851 - 244 pages
...offer is to be deemed withdrawn, nnd cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs, from the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). - Civil procedure - 1851 - 266 pages
...offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs, from the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 - Civil procedure - 1852 - 900 pages
...offer is to be deemed withdrawn, and cannot he given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...defendant's costs, from the time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) - Civil procedure - 1852 - 606 pages
...offer is to be deemed withdrawn, and cannot be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he cannot recover costs,...the defendant's costs from the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) - Civil procedure - 1855 - 802 pages
...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.) - Civil procedure - 1858 - 616 pages
...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 - Civil procedure - 1858 - 610 pages
...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... 
