Bunn v. Thomas

2 Johns. 189 | N.Y. Sup. Ct. | 1807

Per Curiam.

As a term and more intervened between the teste and return of the writ, it is a mere nullity.^* The writ being absolutely void, the cause is out of court, and we cannot grant leave to amend in such a cause.^†, ^(a)

Rule granted.

* 3 Wil. 341. Parsons v. Lloyd. 2 Bl. Rep. 845.

† 2 Ld. Ray. 775. Shirley v. Wright.

(a) [a] Though this is the law in respect to mesneprocess by arrest in personal actions, yet a writ of may be amended, where by mistake a term intervenes between the test and return. Jackson v. Crane, 1 Cow. 38.