Legal Opinion
Chandler v. Brecknell
New York Supreme Court
Decided February 15, 1825PublishedCited by 3 opinions
E. Griffen, moved to set aside the capias ad respondendum, tested the 30th October, 1825, returnable the 3d Monday of February next, on the ground that it was tested out of term, no term of October, 1825, having passed.
1Opinion of the Court
Curia.
We have never gone so far as to allow an amendment of mesne process against the body, where it is tested out of term. Let the capias be set aside, on the defendant’s stipulating not to bring an action of false imprisonment.
Griffen. An action is already brought.
Curia. Then you must discontinue it, on payment of the costs of your action.
Rule accordingly.
2Cited by3 opinions
- Decker v. . JudsonNew York Court of Appeals · 1857
- In Re the Application for an Attachment Against BradnerNew York Court of Appeals · 1881
- Leetch v. Atlantic Mutual InsuranceNew York Court of Common Pleas · 1873