New York Supreme Court, 1809

Vanduzen v. Weller

Vanduzen v. Weller
New York Supreme Court · Decided November 15, 1809
5 Johns. 231

Counsel

FISK, for the defendant,, Fisk contended,, Ross, contra.

Vanduzen v. Weller

Opinion of the Court

Per Curiam.

The rule of practice is explicit. On the return of the habeas corpus, the plaintiff’s attorney must enter a rule for the appearance of the defendant in twenty days, or that a procedendo issue, and serve a *232notice of the rule on the defendant, or his attorney. He cannot proceed, as if the suit was originally commenced in this court, and file bail for the defendant, according to the statute.

Rule refused'.'

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