Raymond v. Hinman — 4 Cow. 41

Majority

p. 41

Raymond against Hinman.

Headnote

Capias ad tesied b^rdT, Utica, when it should have been AIbany, is amendable.

The capias ad respondendum was, by a clerical mistake, tested in October term, 1824, at Utica, whereas it should have been at Albany, where the Court was held.

J. A. Spencer, moved to set it aside as irregular.

P. Ruggles, moved to amend.

objected, that being mesne process, amendable.

The objection has never been extended to the place of teste in mesne process. The plaintiff may amend.

Rule accordingly.