Williams v. Hogeboom
22 Wend. 648
N.Y. Sup. Ct.
1840
Check Treatment

By the Court,

Bronson, J.

The statute referred to does not affect any suit or proceeding commenced before the act took ^effect § 38, and consequently the objection that there was not sufficient time between the teste and return of the execution, is not well taken. This point was decided at the last motion term.

Although tested on Sunday, the writ was not absolutely void, and the plaintiff may amend on paying the costs of this motion.

Ordered accordingly.