Sacket v. Lothrop

Decided January 15, 1800

New York Supreme Court · decided 1800-01-15

The writ in this- cause was not returned on the quarto die post, and the demandant obtained a rule, that the sheriff/return the writ sedente curia, or show cause, why an attachment should not issue against him. On the service of this rule, the writ was returned.

Decided 1800-01-15

Per Curiam.

¶1The tenant, if he meant to put the demandant out of court, should have entered a ne recipiatur on the quarto die post. As. he has hot done so in the present [*250] case, his neglect must be considered as aAvaiver.

¶2By the rule requiring the sheriff to return the writ, sédente curia, the demandant is to be deemed as continuing in court from day to day during the term. (See Booth, 92.) So the tenant must be called.(b)

¶3Rule granted.

¶4See Swift y. Livingston, infra, vol. 2, 112. S; C., C. C. 122. Van Bergen v. Palmer, 18 Johns. R. 504. By 2 R, S. 2d ed. 265, § 24, writs of right are abolished.