Scott v. Adams

12 Wend. 218

Opinion

By the Court,

Sutherland, J.

There is no pretence for saying that here more than a term intervenes between the teste and return of the writ. The word next, manifestly, by a clerical error, was substituted for instant. By the eighth day of July next, was meant the eighth day of July next after the seventh day of July, when the writ bore teste, and so I am disposed to read it. The motion therefore is denied, but without costs.