New York Supreme Court May 15, 1836 (Parke v. Heath & M'Cotter)

By the Court,

Bronson, J.

If the capias had been returnable out of term, it would have been void, and could not be amended. Miller v. Gregory, 4 Cowen, 504. 2 R. S. 424, § 3. The same rule was laid down in relation to process tested out of term, in Chandler v. Bicknell, 4 Cowen, 49.