Campbell v. . Smith
Supreme Court of North Carolina
This was a motion by F. F. Rankin, Sheriff, to be allowed to “ correct ” his return made on a summons in a special proceeding, which was denied by the Clerk, but upon appeal from such refusal, Battle, J., at Fall Term, 1894, of Stokes Superior Court, permitted the amendment, and held “ that as a matter of law,” under the circumstances, the Sheriff had a right to have the return amended.
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This was a motion by F. F. Rankin, Sheriff, to be allowed to “ correct ” his return made on a summons in a special proceeding, which was denied by the Clerk, but upon appeal from such refusal, Battle, J., at Fall Term, 1894, of Stokes Superior Court, permitted the amendment, and held “ that as a matter of law,” under the circumstances, the Sheriff had a right to have the return amended. It appeared from the affidavits that a Deputy Sheriff having the summons to serve upon one Darían Smith, who was a doctor, and with whom he was not acquainted, asked a bystander in a court room whether he knew…
1Opinion of the Court
Clark, J.:
If the person upon whom a summons is incorrectly returned as “ served ” moves to have the record amended, he is entitled to have it amended, so far as it may affect him, as a matter of right, so that the record may “speak the truth.” Not so as to the officer making the return in a proceeding • against him for liability for such return, for then, as to him, the record does already speak the truth, which is that he made such and such return. Whether such return was in fact true or not when made, is not a matter of record evidence. Amendments in such cases have been allowed by the…
2Cases cited5 opinions
- Piedmont Manufacturing Co. v. BuxtonSupreme Court of North Carolina · 1890
- Finley v. . HayesSupreme Court of North Carolina · 1879
- Patton v. MarrSupreme Court of North Carolina · 1853
- Stealman v. . GreenwoodSupreme Court of North Carolina · 1893
- Hassell v. . LathamSupreme Court of North Carolina · 1860
3Cited by5 opinions
- Grady v. Richmond & Danville RailroadSupreme Court of North Carolina · 1895
- Lee v. . HoffSupreme Court of North Carolina · 1942
- Lee v. HoffSupreme Court of North Carolina · 1942
- Rollins v. GibsonSupreme Court of North Carolina · 1977
- Patton v. . MarrSupreme Court of North Carolina · 1853