General

Jackson, ex dem. Culver, against Brown

4 Cow. 550·New York Supreme Court·1825·NY

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Opinion

Jackson, ex dem. Culver, against Brown. tho circuit amonded, by adding a seal, and malting a** sheriff’s're? turn thereto, tranc pro tunc. . At the last Tompkins Circuit, the plaintiff was non-suited, the defendant neither appearing at the trial, noi confessing lease, entry and ouster. After the Circuit, the ' defendant discovered that the plaintiff’s attorney had, by ™stake) gone to trial upon a venire without any seal, and that the sheriff had omitted to make a return upon it: .. .. , and for these causes, C. P. Kirkland, moved to set aside the nonsuit, and all subsequent proceedings for irregularity. He relied mainly on The People v. M'Kay, (18 John. Rep. 212.) W. M. Oliver, contra, moved to amend, by affixing a seal to the venire, and causing the sheriff to make out a return nunc pro tunc. [MAJORITY — Curia.] Curia. Take your motion to amend in both particulars, on payment of costs. Rule accordingly.