Stewart v. Capital Fertilizer Co.

The sheriff’s return imports verity and cannot be contradicted or impeached in the action in which it was made. Ingram v. Ala. Power Co., 201 Ala. 13, 75 South. 304. “The court must, of necessity, give credence to the acts of its own officers; otherwise, it7 would be impeded, at every step, by the trial of collateral issues.” Dunklin v. Wilson, 64 Ala. 162; Brown v. Turner, 11 Ala. 752. This rule does not. of course, preclude the sheriff from amending his return in proper cases so as to make it speak the truth. Nor is said return conclusive on a party to the cause upon an action against the…