McGehee v. McGehee

After judgment rendered in the Court below, by default, the defendant moved the Court, to permit the sheriff to amend his return upon the writ, upon his suggestion, that it was returned, executed, by mistake, and that the writ had never been served on the defendant. The Court refused to permit the return to be amended, and the defendant excepted.

In Watkins v. Gayle, 4 Ala. Rep. 153, we determined that the sheriff had not the right to amend his return after a judgment, when the effect would be to make the judgment erroneous. Here, the motion was made by the defendant; but we do not perceive…