Paul v. Malone & Collins

McCLELLAN, J. —

Tbe defendant below, appellant bere, moved tbe court to set aside tbe return, of tbe sheriff showing tbe service of a copy of tbe complaint on him. An issue of fact was made up on this motion, and submitted to tbe court; and tbe refusal of tbe court to vacate tbe return on tbe evidence introduced, constitutes tbe only matter now assigned as. error.

Tbe return of tbe sheriff imports verity, and tbe burden of proving it to be false rests on the party assailing it, and must be discharged by evidence sufficient to overcome tbe presumption arising from tbe fact that it was made in…