| N.Y. Sup. Ct. | Oct 15, 1812
The case of Campbell v. Gumming (2 Burr. 1187.) is in point. Where an exec.ulion is returnable out of term, it is not void, though liable to be set aside, on motion, for irregularity. It may, therefore, be amended, though it would be otherwise as to mesne process. We grant the rule to amend, on payment of costs.
Motion granted.