Pardee v. Buell & Powers , 2 Hill & Den. 357 ( 1842 )

By the Court,

Cowen, J.

The return of the writ, though in fact before the return day, did not take effect till that time. The exception and notice were within twenty days of the return day, and so in good season. (2 R. S. 434, 2d ed. § 28.)

Motion granted