
    Isaac P. Van Alen agt. Johh H. Reynolds.
    A declaration entitled of a term, subsequent to the term at which the capias is made returnable, will be set aside as irregular. (12 Wend. 293.)
    
      June Term, 1846.
    Motioh by defendant to set aside declaration, for irregularity.
    This suit was commenced by capias ad respondendum, tested on the 3d Monday of October, 1845, and returnable on the first Monday of January, 1846. On the 20th May, 1846, a declaration was filed, and copy served on defendant’s attorney, both of which were entitled, “ of the term of May, 1846.” Defendant’s counsel cited 3 T. B. 626; 12 Wend. 293 ; Arch. JPr. 337; 1 Burrill Pr. new ed., 120.
    J. H. Reyholds, defendants counsel.
    
    Wm. H. Tobey, defendants attorney.
    
    C. P. Schermerhorh, plaintiff's counsel and attorney.
    
   Jewett, Justice.

Granted the_ motion with costs, on the authority of the 12 Wendell, 293, with leave to plaintiff to amend.  