Borst v. Griffin
5 Wend. 84
N.Y. Sup. Ct.
1830
Check Treatment

By the Court,

Marcy, J.

The declaration in this case is in the nature of process, but is not process within the meaning of the statute referred to, requiring process to be made returnable within the two first weeks of term ; the statute speaks of the issuing teste and return of process, which language is applicable only to writs. The default, however, was prematurely entered, and the motion is therefore granted.