New York Supreme Court, 1825

Miller v. Gregory

Miller v. Gregory
New York Supreme Court · Decided August 15, 1825
4 Cow. 504

Counsel

J. Platt moved to set it aside, and cited Bunn v. Thomas (2 John. Rep. 190;) Cramer v. Van Alstyne, (9 id. 386; and 6 Mod. 251, 252, per Holt, G. J. in Davy v. Salter.., T. J. Oakley, contra,

Miller v. Gregory

Opinion of the Court

Per Curiam.

This makes no difference. We cannot look to see whether a long return may or may not work a long imprisonment. The form of the capias is the only thing in question. It is fully settled that mesne process against the body, returnable out of term, is void, and cannot be amended. The motion must be granted on the defendant’s stipulating not to bring fa se imprisonment.

Rule accordingly.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.