 ... 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 If the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence; and if the plaintiff fail to obtain a more favorable...  Wisconsin Session Laws - Page 114by Wisconsin - 1858Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...the notice of acceptance be not given, the offer shall he deemed withdrawn, and shall not be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he shall pay the defendant's costs, from the time of the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,... | |
 | New York (State). Legislature - Law - 1848 - 672 pages
...the notice of acceptance be not given, the offer shall be deemed withdrawn and shall not be given in evidence ; and if the plaintiff fail to obtain a more favorable judgment, he shall pay the defendant's costs, from the time of the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... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more...favorable judgment, he cannot recover costs, but must pay the defendant's costs,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... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...the notice of acceptance be not given, the offer is to be deemed withdrawn, nnd cannot be given in evidence, and if the plaintiff fail to obtain a more...favorable judgment, he cannot recover costs, but must pay the defendant's costs,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... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more...favorable judgment, he cannot recover costs, but must pay the defendant's costs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... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...the notice of acceptance be not given, the offer is to be deemed withdrawn, and cannot be given in evidence, and if the plaintiff fail to obtain a more...favorable judgment, he cannot recover costs, but must pay the defendant's costs,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,... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...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 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... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...the notice 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 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... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...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 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... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...the notice 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 not recover costs, but shall pay the defendant's costs, from the time of the offer. TITLE XI.... | |
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