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Jones v. Spicer

6 Cow. 391 Court N.Y. Sup. Ct. English

Contents

Majority

p. 391
Jones against Spicer.

Headnote

This cause was removed by habeas corpus, returnable the 19fA day of August last. The writ being returned and filed on the 1th of August, before the return day, the plaintiff took the usual rule to appear, and gave notice. The defendant not appearing pursuant to the rule, the plaintiff entered a rule for a procedendo; which
A ruie t0 aPPe»r uP0il pus, cannot be |^en return day, though actually re-tamed when the iule 13 en~ terea.
W. Mulock now moved to set aside as irregular. °
M. Ulshoejfer, contra.

The plaintiff has proceeded irregularly. A rule cannot be taken upon process till the return day. It is so of rules to bring in the body on writs of capias ; and the same of a habeas corpus.

Motion granted.