7 Cow. 366
Decided August 15, 1827
New York Supreme Court · decided 1827-08-15
The caF^as a& respondendum was tested August term, 1826, and returnable the 28th. of October, instant. The defendant put in special bail; neither he nor his attorney knowing anything of the irregularity. On the plaintiff’s declaring, the defendant and his attorney discovered it; now) t^ie next term a®;er discovery, moved to set aside the capias and subsequent proceedings. said, the defendant was too late with his motion, after putting in bail.
Good law ✅— No negative treatment on recordhow we know
Decided 1827-08-15
Cited by 12 later decisions — most recently May 1930
1 district · 9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1"Without saying whether this writ is absolutely void, we are clear that it cannot be set aside at this stage of the cause. The defendant has taken a step, by which he is regularly in court, whether there be any process or not. We will not interfere, merely because the party acted in ignorance, that the process was void.
¶2Motion denied.