13 Johns. 529 | N.Y. Sup. Ct. | 1816
This is an action bf debt-ágalnSt the defend-? fRb fef the aspppe of a prispner ipx custody, on gi'éa, sa.$ áiicf
• The irregularity complained of is, that the ca. sa. was issued before any fi. fa. had been returned nulla bona, according to the statute, special bail having been required in the original action Admitting the irregularity, it was an objection which the sheriff could not avail himself of in this collateral way ; but application should have been made to the court to set aside the execution.
The motion for a npw trial must, accordingly, be denied.
New trial refused,