Anon

Decided September 15, 1833

New York Supreme Court · decided 1833-09-15

»pHE qUestion submitted was, within what time must a sheriff serve and return a declaration delivered to him to be served, in a suit commenced by declaration.

Decided 1833-09-15

¶1By the Court,

Sutherland, J.

¶2The statute is silent as to the time within which the service is to be made ; of course the sheriff must have a reasonable time. The return may be enforced by rule and attachment, in the same manner as the return of a capias. Laws of 1833, p. 394. If the sheriff be ruled to return a declaration before he has had sufficient time to serve it, the party ruling him will of course be subjected to costs.