Bunn v. Thomas

Decided February 15, 1807

New York Supreme Court · decided 1807-02-15

moved to set aside the wr't ail(^ subsequent proceedings in this cause, for irregularity. The writ was issued in May last, tested the 12th day of May, 1808, and returnable on the 17th day of May next. The defendants indorsed their appearance. It was contended that as the writ was returnable in May, 1807, it was absolutely void. prayed leave to amend the writ.

Relies on Jackson v. Crane

Decided 1807-02-15

Per Curiam.

¶1As a term and more intervened between the teste and return of the writ, it is a mere nullity.* The writ being absolutely void, the cause is out of court, and we cannot grant leave to amend in such a cause.†, (a)

¶2Rule granted.

¶3 3 Wil. 341. Parsons v. Lloyd. 2 Bl. Rep. 845.

¶4 2 Ld. Ray. 775. Shirley v. Wright.

¶5[a] Though this is the law in respect to mesneprocess by arrest in personal actions, yet a writ of may be amended, where by mistake a term intervenes between the test and return. Jackson v. Crane, 1 Cow. 38.