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M'Conkey v. Glen

1 Cow. 141 Court N.Y. Sup. Ct. English

Contents

Majority

p. 141
M’Conkey against Glen.

Headnote

Sacia, moved to set aside a writ of capias ad respondendum, because it was returnable the first day of the pres- ’ _ J J . . entterm, at the Capitol in the city of Albany. He insisted that the writ was void, and could not be amended.[1]
• a cap. ad. retm-nahie at a wrong placéis amendable.
D. Cady, contra, moved to amend.

The process is voidable—not void, and may be amended. This is like the case of process returnable befor us,[1] which is amendable, though the statute is equally strict in that respect as this, in requiring a specifick form.

Motion to amend granted.

(b) (b) Vid. Morrell v. Waggoner, 5 John. Rep. 433 .