People v. Singer
New York Supreme Court
E. Barnes, moved to set aside the attachment in the first cause, with the recognizance taken therein, and on which the last suit had been commenced, with all subsequent proceedings, for irregularity. The attachment was originally returnable in October term last, at the Academy in the town of Utica.
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E. Barnes, moved to set aside the attachment in the first cause, with the recognizance taken therein, and on which the last suit had been commenced, with all subsequent proceedings, for irregularity. The attachment was originally returnable in October term last, at the Academy in the town of Utica. I. Singer, the defendant, not being found hy the Deputy Sheriff, who held the attachment, until after the return day, he altered the test to October term, and the return to January term last, at the Capitol in the city of Albany, which he had been instructed to do' by the plaintiff’s attorney. On…
1Opinion of the Court
*42The Court granted the motion ; holding the rule laid dowA in Filkins v. Brockway, as applicable to this case. But they required the defendant, I. Singer, to stipulate, not to bring an action of false imprisonment.- .
Rule accordingly. (b)
In Ross v. Luther, Sheriff, &c. (May term, 1820,) which was an action of debt for an escape, it appeared-the capias had been before issued and put into the hands of the Coroner, hut was not served. The plaintiff’s attorney took it back^ and afterwards altered the test and; return, and issued it again, when it was served on the defendant. An application- was…
2Cited by1 opinion
- McCracken v. RichardsonSupreme Court of New Jersey · 1884