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1 Cole. & Cai. Cas. 94

Sacket v. Lothrop

New York Supreme Court

Decided January 15, 1800

New York Supreme Court · decided 1800-01-15

THE sheriff, on the quarto die post, ■ had not returned the writ, and the demandant obtained a rule that he return it, sedente curia, or show cause why an attachment should not issue ; and now, the writ being returned,

Decided 1800-01-15

Per Curiam.

¶1The tenant, if he would put the demandant out of court, should have entered a ne recipiatur on the quarto die post; not having done so here, it must be considered a waiver. By the rule entered, that the sheriff return the writ sedetite curia, the demandant was to be deemed continued in court from, day to day during the term. Vide Boothe, 92.

¶2So let the tenant be called.

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