Miller v. Gregory
4 Cow. 504
This text of 4 Cow. 504 (Miller v. Gregory) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Miller v. Gregory, 4 Cow. 504 (N.Y. Super. Ct. 1825).
Opinion
This makes no difference. We cannot look to see whether a long return may or may not work a long imprisonment. The form of the capias is the only thing in question. It is fully settled that mesne process against the body, returnable out of term, is void, and cannot be amended. The motion must be granted on the defendant’s stipulating not to bring fa se imprisonment.
Rule accordingly.
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Bluebook (online)
4 Cow. 504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-gregory-nysupct-1825.