Crowder v. Jenkins

MALLARD, Chief Judge.

Plaintiff assigns as error the allowance by the court of the defendants’ motion made during the trial to amend the sheriff’s return in question. According to its location in the record on appeal, this motion was made and allowed at the close of all the evidence.

The pertinent part of G.S. 162-14, the statute upon which this action is based, reads as follows:

“For every false return, the sheriff shall forfeit and pay five hundred dollars, one-moiety thereof to the party aggrieved and the other to him that will sue for the same, and moreover be further liable to the action of…