
    Hehry V. V. Hinman agt. William H. Mambrat.
    A declaration entitled generally of a term, at which the capias is made returnable at a particular day in term, to wit, the second Saturday, will be set aside as irregular. (2 Wend. 525; 18 Wend. 534.)
    
      June Term, 1846.
    Motion by defendant to set aside judgment, for irregularity.
    This suit was commenced by capias ad respondendum, tested the first Monday of January, 1846, and made returnable the 17th January, 1846, being the second Saturday of the same term. On the 20th May, 1846, a declaration was filed and a copy served on defendant’s attorney, both of which were entitled generally, “of the term of January, 1846.” Defendant’s counsel cited 3 T B. 42; Burrill's Pr. 120; 1 Tidd’s Pr. 430; 2 Wend. 525; 18 Wend. 534.
    J. H. Reynolds, defendants counsel.
    
    Wm. H. Tobey, defendants attorney.
    
    C. P. Schermerhorn,counsel and attorney.
    
   Jewett, Justice.

Granted the motion with costs, with leave to plaintiff to amend, on the authorities cited by defendant’s counsel.  