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Scott v. Adams

12 Wend. 218 Court N.Y. Sup. Ct. Decision date 1834-09-04 English

Delivered by Sutherland, J.

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p. 218
Scott vs. Adams

Headnote

A capias, tested on the seventh day of July, 1834, made returnable ore the eighth day of July next, will not be set aside, on the assumption that more than a term intervenes between its teste and return; the words, eighth day of July next, will be read eighth day of July next after the seventh day of July, the teste of the writ.
September 4.
A motion was made in this case to set aside the capias, on the ground that more than a term intervened between its teste and return. The writ is tested on the seventh day of July, 1834, and is made returnable on the eighth day of July next. The case of Bunn y. Thomas & King, 2 Johns. R. 190, was relied on in support of the motion ; but

By the Court,

There is no pretence for saying that here more than a term intervenes between the teste and return of the writ. The word next, manifestly, by a clerical error, was substituted for instant. By the eighth day of July next, was meant the eighth day of July next after the seventh day of July, when the writ bore teste, and so I am disposed to read it. The motion therefore is denied, but without costs.