Majority
p. 251The People vs. Reynolds.
Headnote
An attacRmem against a sheriff for not returning process, may be made returnable after the second Saturday of a general term ; but no proceedings will bg had further than calling the defendant, entering his default, filing interrogatories, to answer which the defendant will have untá the next term.After the second Friday in term, it was moved that the defendant be called on an attachment made returnable subsequent to the second Friday in term, issued against him as a sheriff for not returning process, It was objected that the days designated by the 56th rule of the court for the hearing of non-enumerated motions having passed, the court would not permit the defendant to be called.
But by the Court, he must be called, and if he does not appear, his default may be entered, but no further proceedings can be had against him until the next general term, when, on the first special motion day, he may be required to answer unto interrogatories filed in the mean time. So, if lip does appear, he will have until that time to answer interrogatories (2 R. S. 197, § 5 and 12).