Chandler v. Brecknell

4 Cow. 49
New York Supreme Court·Decided February 15, 1825·Published·Cited by 3 cases

Opinion

Curia.

We have never gone so far as to allow an amendment of mesne process against the body, where it is tested out of term. Let the capias be set aside, on the defendant’s stipulating not to bring an action of false imprisonment.

Griffen. An action is already brought.

Curia. Then you must discontinue it, on payment of the costs of your action.

Rule accordingly.

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Chandler v. Brecknell, 4 Cow. 49 (N.Y. Super. Ct. 1825).

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