Watkins v. Gayle
Supreme Court of Alabama
Writ of Error to the County Court of Sumter. A writ was issued at the suit of the defendant in error against the plaintiffs, founded on a promissory note, and was returned “ executed.” The plaintiff below declared against all the defendants, and a judgment by default was rendered against them.
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Writ of Error to the County Court of Sumter. A writ was issued at the suit of the defendant in error against the plaintiffs, founded on a promissory note, and was returned “ executed.” The plaintiff below declared against all the defendants, and a judgment by default was rendered against them. After judgment, and at the same term, an entry was made as follows: “It appearing to the Court in this case, that the sheriff has, since the judgment, amended his return, so as to change and materially alter said judgment; upon motion of plaintiff’s counsel it is ordered by the Court, that the sheriff…
1Opinion of the CourtCollier, C. J.
It does not appear that either of the defendants sought to have the sheriff’s return corrected, but the amendment was made by him mero motu, and without leave of the Court, after a judgment had been rendered in favor of the plaintiff, upon the hypothesis that the return, as indorsed upon the writ, was not according to the truth. Under such circumstances we think the amendment was properly rejected. *155By certifying the execution of the process, the sheriff prevented the plaintiff from taking measures to bring in the parties who were not served, induced him to declare against all who were sued,…
2Cited by5 opinions
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