 | New York (State) - 1876 - 398 páginas
...accordingly. If notice of acceptance is not thus given, the offer cannot be given in evidence upon the trial ; but, if the plaintiff fails to obtain...he cannot recover costs from the time of the offer, but must pay costs from that time. § 739. Where the defendant sets up a counterclaim, to an amount... | |
 | New York (State), William Wait - 1877 - 662 páginas
...accordingly. If notice of acceptance is not thus given, the offer cannot be given in evidence upon the trial ; but, if the plaintiff fails to obtain...he cannot recover costs from the time of the offer, but must pay costs from that time. Code Pro., part of ? 385, amended, fails to obtain a more favorable... | |
 | New York (State) - 1879 - 436 páginas
...accordingly. If notice of acceptance is not thus given, the offer cannot be given in evidence upon the trial ; but, if the plaintiff fails to obtain...he cannot recover costs from the time of the offer, but, must, pay costs from that time. § 739. Where the defendant sets up a counterclaim, to an amount... | |
 | New York (State) - 1880 - 668 páginas
...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 recover costs from the time of the offer, but must pay costs from that time. [Co. Proc., § 3G6, subd. 5, except so much thereof as ia included... | |
 | New York (State) - 1880 - 832 páginas
...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 recover costs from the time of the offer, but must pay costs from that time. Amount § 3073. Upou an appeal; provided for in this article, costs,... | |
 | New York (State) - 1881 - 1532 páginas
...judgment accordingly. If an acceptance is not filed, the offer cannot be given in evidence upon tbe trial; but, if the plaintiff fails to obtain a more favorable judgment, be cannot recover costs from the time of the offer, and must pay the defendant's coats from that time.... | |
 | New York (State), Charles David Rust - 1885 - 814 páginas
...accordingly. If 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 judment, he cannot recover costs from the time of the offer, but must pay costs from that time. §739.... | |
 | 1887 - 814 páginas
...accordingly. If notice of acceptance is not thus given, the offer cannot be given in evidence ьрои the trial ; but, if the plaintiff fails to obtain a more favorable judment, be cannot recover costa from the time of the offer, but must рлу costs from that time.... | |
 | 1915 - 1288 páginas
...judgment to be taken against him for a sum or property therein specified, with costs, and in event plaintiff fails to obtain a more favorable judgment...he cannot recover costs from the time of the offer. Defendant offered to allow judgment to be taken against it for a stipulated sum, with interest, together... | |
 | 1905 - 1190 páginas
...Proc. § 738, providing that where plaintiff does not accept defendant's offer of Judgment, and falls to obtain a more favorable Judgment, he cannot recover costs from the time of the offer, does not prevent plaintiff from recovering costs In a suit to foreclose a mechanic's lien. where defendant... | |
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If 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 judgment, he cannot recover costs from the time of the offer, but must pay costs from that time. 
