New York Supreme Court, 1833

Anon

Anon
New York Supreme Court · Decided September 15, 1833 · Sutherland
10 Wend. 572
Anon

Opinion of the Court

By the Court,

Sutherland, J.

The statute is silent as to the time within which the service is to be made ; of course the sheriff must have a reasonable time. The return may be enforced by rule and attachment, in the same manner as the return of a capias. Laws of 1833, p. 394. If the sheriff be ruled to return a declaration before he has had sufficient time to serve it, the party ruling him will of course be subjected to costs.

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