Sullivan v. Alexander
New York Supreme Court
moved to set aside the writ of capias ad respondendum in this cause, and all proceedings thereon, for irregularity. The attorney for the plaintiff, who issued the writ, made it tested at New-York, the 15th of May, 1819, and returnable at Albany the first Monday of August, then next, and delivered it to E. Baldwinf for the purpose of having it delivered to the sheriff of the city and county of New-York, in case Alexander, one of the defendants, who had been taken in…
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moved to set aside the writ of capias ad respondendum in this cause, and all proceedings thereon, for irregularity. The attorney for the plaintiff, who issued the writ, made it tested at New-York, the 15th of May, 1819, and returnable at Albany the first Monday of August, then next, and delivered it to E. Baldwinf for the purpose of having it delivered to the sheriff of the city and county of New-York, in case Alexander, one of the defendants, who had been taken in execution, and admitted to the liberties of the gaol, on giving security to the sheriff, should be found beyond the limits of the…
1Per curiam
The motion must be denied. The Court have, not only in Sloan v. Wattles, but in several other cases, allowed the attorney, or a person specially authorized *5by him for that purpose, to alter the teste and return of a writ before it was served.
Motion denied.
2Cited by5 opinions
- McCracken v. RichardsonSupreme Court of New Jersey · 1884
- Bray v. LibbySupreme Judicial Court of Maine · 1880
- Dearborn v. TwistSuperior Court of New Hampshire · 1832
- Osgood v. NorrisSuperior Court of New Hampshire · 1850
- Plumer v. FoggSuperior Court of New Hampshire · 1847