Williams v. . Weaver
Supreme Court of North Carolina
MotioN for leave to amend return upon execution, beard after due notice and upon affidavits at September Term, 1888, of the Supreme Court. In this case an execution was issued from this Court, directed and delivered to the Sheriff of the County of Hertford, made returnable to the October Term of 1886 thereof. The Sheriff failed to note thereon the date of its delivery to him as required by the statute.
Read the full summary
MotioN for leave to amend return upon execution, beard after due notice and upon affidavits at September Term, 1888, of the Supreme Court. In this case an execution was issued from this Court, directed and delivered to the Sheriff of the County of Hertford, made returnable to the October Term of 1886 thereof. The Sheriff failed to note thereon the date of its delivery to him as required by the statute. (The Code, § 100.) In his return of the same, by inadvertance he set forth that he did not collect the sum of $8.40, which sum, as stated in the return, “ was deducted and allowed by Attorney…
1Opinion of the Court
Merrimon, J.,
(after stating the case.) The power of this Court to allow the Sheriff or other officer to amend and correct his return of its process as to errors occasioned by mere inadvertence or honest mistake, so as to make it speak the •truth as to what was done, or omitted to be done, by the •officer in its execution, is essential and inherent, but it should be exercised with care and much caution. The Court should be fully satisfied that the application to amend is made in good faith, and that the proposed amendment is warranted by the facts. It is ever the purpose of the law, in the…
2Cases cited3 opinions
- Walters v. . MooreSupreme Court of North Carolina · 1884
- Peebles v. . NewsomSupreme Court of North Carolina · 1876
- Williams v. . SharpeSupreme Court of North Carolina · 1874
3Cited by6 opinions
- Lee v. . HoffSupreme Court of North Carolina · 1942
- Lee v. HoffSupreme Court of North Carolina · 1942
- S. B. Luttrell & Co. v. MartinSupreme Court of North Carolina · 1893
- Luttrell v. . MartinSupreme Court of North Carolina · 1893
- State v. . LewisSupreme Court of North Carolina · 1919
1 more not listed; retrieve them via the Exa API.