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4 Hill & Den. 34

Jones v. Williams

Court for the Trial of Impeachments and Correction of Errors · decided 1842-12-15

moved to set aside the capias and subsequent proceedings, on the ground that the capiasy which was returnable at the last October term, was made returnable ' at Albany instead of Rochester.

Decided 1842-12-15

¶1*35By the Court,

Bronson, J.

¶2It is now the settled practice to allow trifling mistakes of this kind to be amended on the motion to set aside the proceedings, and without putting the party to a cross motion for that purpose. As to costs, the principle contended for would enable these nine defendants to recover ninety dollars costs for an error of no great importance. It is enough to allow one bill.

¶3Ordered accordingly.

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