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3 Johns. 246

Carmer v. Weeks

New York Supreme Court

Decided May 15, 1808

New York Supreme Court · decided 1808-05-15

J* STRONG moved to set aside the proceedings aSa^nst ^e defendants in this cause, for irregularity. He read an affidavit stating, that the judgment in the original cause was entered on the 6th day of February last, that a ca. sa, was issued on the same dav, tested the 4th day of . February, which was the 4th day of the term, and returnable on the 11th. On the 12th of February the ca. sa. was returned non est inventus.

Decided 1808-05-15

Kent, Ch. J.

¶1Though the court in that case intimated the opinion stated, yet it was reconsidered on a further argument the next day, and the point was not finally decided. The question is still open.

¶2Ogden. The only question is whether the English rule of practice as to 15 or 8 days between the teste and return of a ca. sa. to charge bail, is to be adopted. In the present case the proceedings were by bill.

*247Per Curiam.

¶3There is no rule of practice established in

¶4this court, requiring eight days between the teste and feturn of a ca. sa. nor do' we see any reason which should render such a rule necessary.

¶5Rule refused.

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