
    SUPREME COURT.
    Anonymous.
    
      Albany Special Term, October, 1849.
    Action for the recovery of the possession of personal property.
    Motion to set aside the jurat to the complaint, the affidavit accompanying the notice to the sheriff of the claim of property, and the undertaking of the sureties, for irregularity, on the ground that the complaint and affidavit were sworn to before the plaintiff's attorney, and that the undertaking was not proved or acknowledged by the sureties.
    A. J. Colvin, for motion.
    
    D. McMartin, opposed.
    
   Hand, Justice, granted the motion, with costs, but gave the plaintiff leave, nunc pro tunc, to file a new complaint duly verified, and a new affidavit; and an undertaking duly proved and acknowledged, within twenty days, &c.  