Legal Opinion
Miller v. Gregory
New York Supreme Court
Decided August 15, 1825PublishedCited by 4 opinions
The capias ad respondendum was, by mistake, made returnable on Sunday the 15th May, 1825 ; and, for this reason, Sunday being out of term, or rather after the last return day.
1Per curiam
This makes no difference. We cannot look to see whether a long return may or may not work a long imprisonment. The form of the capias is the only thing in question. It is fully settled that mesne process against the body, returnable out of term, is void, and cannot be amended. The motion must be granted on the defendant’s stipulating not to bring fa se imprisonment.
Rule accordingly.
2Cited by4 opinions
- State v. KennedySupreme Court of New Jersey · 1840
- Breckon v. Circuit JudgeMichigan Supreme Court · 1896
- Ortman v. DustinCircuit Court of the 10th Circuit of Michigan · 1867
- Wood Co. v. Wil. Conf. AcademySuperior Court of Delaware · 1878