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Legal Opinion

Brown v. Aplin

New York Supreme Court

Decided August 15, 1823PublishedCited by 3 opinions

S. Beardsley, moved to amend the capias ad responden- - . 1 1 dum, issued in this cause. The test was the last day of January term, 1823; but, by mistake, it was in the name of John Savage, Ch. Justice, who was not appointed till after that term. The motion was to substitute the name of Ambrose Spencer, Ch. Justice, who was then in office.

1Opinion of the Court

Curia.

Take your rule to amend the writ, on paying the costs of the application to set it aside. (a)

Vid. United States v. Hanford & Ely, (19 John. 173.) Where the capias was amended, though wrongly tested in the name of the former Ch. Justice.

2Cases cited1 opinion

  1. United States v. Hanford & ElyNew York Supreme Court · 1821

3Cited by3 opinions

  1. Leetch v. Atlantic Mutual InsuranceNew York Court of Common Pleas · 1873
  2. Reynolds v. DamrellSuperior Court of New Hampshire · 1849
  3. Whiting v. BeebeSupreme Court of Arkansas · 1851
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