
    The People ex rel. Barcalow vs. Adams, Sheriff, &c.
    Where an attachment for not returning a writ was issued against a sheriff, without filing an affidavit of the delivery of the writ, as required by the 15th general rule of the court; held, on motion to set aside the proceedings, that the irregularity could not be cured by an affidavit filed nunc pro tunc, but that the motion must prevail.
    
      R. W. Peckham
    
    moved to set aside an attachment which had been issued against the sheriff, and also the bond which he had been compelled to give for his appearance, on the ground of irregularity. The default of the sheriff for not returning a writ had been entered, and an attachment issued, on filing an affidavit of the service of notice to return the writ; but there was no affidavit that the writ had been delivered to the sheriff. (See Rule 15.)
    
      M. T. Reynolds, contra,
    now produced an affidavit that the writ had been delivered to the sheriff before he was served with notice to return it; and he asked leave to file the affidavit nunc pro tunc.
    
   By the Court, Bronson, J.

This is a summary proceeding against the sheriff, and the rule should be strictly followed. We fhink the relator ought not to be allowed to cure the irregularity in the mode proposed.

•Motion granted.  