Hunneman v. Phelps

The question before us arises upon a motion of a deputy sheriff to amend his return upon an execution.* *440The power of the court to allow an amendment to such a return, for the purpose of making the return conform to the truth, is well established, and is not questioned in this case. Bayley, petitioner, 132 Mass. 457. Sawyer v. Harmon, 136 Mass. 414. Frazee v. Nelson, 179 Mass. 456, 461. The contention of the defendant is that there was no evidence to warrant the judge * in finding, as a fact, that the levy was made as stated in the proposed amendment.

W B. Luther, for the plaintiff. A. L.…