General

Brown against Aplin

1 Cow. 203·New York Supreme Court·1823·NY

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Opinion

Brown against Aplin. A caPias ““ resp. amendedby correct-to°the name of the Chief Jus- * S. Beardsley, moved to amend the capias ad responden- - . 1 1 dum, issued in this cause. The test was the last day of January term, 1823; but, by mistake, it was in the name of John Savage, Ch. Justice, who was not appointed till after that term. The motion was to substitute the name of Ambrose Spencer, Ch. Justice, who was then in office. J. C. Spencer, contra, upon notice of a motion for that purpose, moved to set aside the writ for irregularity. [MAJORITY — Curia.] Curia. Take your rule to amend the writ, on paying the costs of the application to set it aside. Vid. United States v. Hanford & Ely, (19 John. 173.) Where the capias was amended, though wrongly tested in the name of the former Ch. Justice.