4 Cow. 504
Decided August 15, 1825
New York Supreme Court · decided 1825-08-15
The capias ad respondendum was, by mistake, made returnable on Sunday the 15th May, 1825 ; and, for this reason, Sunday being out of term, or rather after the last return day.
Cited by 2 later decisions — most recently July 1878
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1825-08-15
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¶1This makes no difference. We cannot look to see whether a long return may or may not work a long imprisonment. The form of the capias is the only thing in question. It is fully settled that mesne process against the body, returnable out of term, is void, and cannot be amended. The motion must be granted on the defendant’s stipulating not to bring fa se imprisonment.
¶2Rule accordingly.