Anon
Anon
10 Wend. 572
Opinion of the Court
By the Court,
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.