¶1At a subsequent day, Mr. Justice Sutherland delivered the opinion of the court, that the Revised Statutes, (vol. 2, 539, § 27,) did not require a departure from the practice of the court of giving a sheriff a day in term for his appearance subsequent to the return day of the attachment; arid that a rule ordering the prosecution of a bond in such cases would not be made until the quarto die post the return of the attachment.
3 Wend. 423
Anon.
Decided January 15, 1830
New York Supreme Court · decided 1830-01-15
A motion was made on the first day of term for an order to prosecute the bond given by a sheriff for his appearance, on being arrested on an attachment for not bringing in the body of a defendant returned taken on a capias ; the sheriff not apr 7 u pearing when demanded. Cur. ad. vult.
Decided 1830-01-15