M'Conkey v. Glen

Decided August 15, 1823

New York Supreme Court · decided 1823-08-15

Sacia, moved to set aside a writ of capias ad respondendum, because it was returnable the first day of the pres- ’ _ J J . . entterm, at the Capitol in the city of Albany. He insisted that the writ was void, and could not be amended. (a)

Decided 1823-08-15

Curia.

¶1The process is voidable—not void, and may be amended. This is like the case of process returnable befor us,(b) which is amendable, though the statute is equally strict in that respect as this, in requiring a specifick form.

¶2Motion to amend granted.

¶3 Vid. Morrell v. Waggoner, 5 John. Rep. 433.