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2 Cow. 493

People v. Marsh

New York Supreme Court

Decided February 15, 1824

New York Supreme Court · decided 1824-02-15

A common rule had been entered against the defendant thus : The Sheriff of Onondaga county having returned the capias in this cause cepi corpora, ordered, on motion of Messrs. Butterfield & Loomis, attorneys for the plaintiff, that the said Sheriff bring in the bodies of the said defendants, in 20 days after service of notice of this rule, or show cause, on the first dáy-of the next term of this 'Court, why an attach ment should not issue-against him..

Decided 1824-02-15

Curia,

¶1The Sheriff was entitled to full 20 days notice of the rule to bring in the body before the first day of Octoher term, reckoning one day inclusive and the other exclusive, as on notices of rules to plead. He was entitled to the whole of Monday, the first day of term, within which to bring in the body, in analogy to the doctrine of the rule to plead, where the party is entitled to the whole of the last day within which to plead. Here the Sheriff is required to bring" in the body, or show cause, all within 20 days.

¶2The .rule, therefore, is granted, but on condition that the Sheriff stipulate not to bring an action of false imprisonment.

¶3Rule accordingTy.

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