¶1Denied the motion to set aside the writ, and allowed the plaintiff to amend, so as to make the return day of the writ subsequent to the day when it was served, to wit, to test it of July term and make it returnable in October term, plaintiff to give a new bond, and pay costs of the motion.
1 How. Pr. 250
Heath v. Wright
Decided September 15, 1845
New York Supreme Court · decided 1845-09-15
Motion by defendant to set aside writ of error.—The defendant moved on the ground that the writ was not served on the clerk of common pleas until after the return day. The writ was tested, first Monday of May, and returnable, first Monday in July; it was served and filed, July 30, 1845.
Decided 1845-09-15