Rob v. Moffat
New York Supreme Court
moved to set aside the judgrnent and execution in this cause, for irregularity. He read an affidavit stating that the deputy of the sheriff to whom the capias ad respondendum was directed in the cause, called on the defendant on the Sunday preceding the second Monday of November last, and asked the defendant whether he would consent to a service of the writ on that day, which was objected to; and that no writ was served on the defendant before or after that day.
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moved to set aside the judgrnent and execution in this cause, for irregularity. He read an affidavit stating that the deputy of the sheriff to whom the capias ad respondendum was directed in the cause, called on the defendant on the Sunday preceding the second Monday of November last, and asked the defendant whether he would consent to a service of the writ on that day, which was objected to; and that no writ was served on the defendant before or after that day. That supposing the writ would of course be returned nan est inventus, the defendant paid no further attention to the cause, nor did…
1Per curiam
The defendant may take a rule to set aside the judgment and execution, with costs, provided he stipulates not to bring an action against the sheriff for a false return.
Rule granted.
2Cited by5 opinions
- In Re the Application for an Attachment Against BradnerNew York Court of Appeals · 1881
- Deyo v. Van Valkenburgh & LelandNew York Supreme Court · 1843
- Faulkner v. MoreyNew York Supreme Court · 1880
- People ex rel. La Velle v. TraphagenNew York Supreme Court · 1929
- People ex rel. Lower v. DonovanNew York Court of Appeals · 1892