Bayley
Massachusetts Supreme Judicial Court
Petition by a deputy sheriff to amend his return upon an execution. Hearing before Gardner, J., who allowed a bill of exceptions in substance as follows : It appeared that, at September term 1877 of the Superior Court, Salma Kendall recovered judgment against James Killion, and the petitioner seized, upon the execution issued thereon, the right of the debtor to redeem certain mortgaged land, and subsequently sold it.
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Petition by a deputy sheriff to amend his return upon an execution. Hearing before Gardner, J., who allowed a bill of exceptions in substance as follows : It appeared that, at September term 1877 of the Superior Court, Salma Kendall recovered judgment against James Killion, and the petitioner seized, upon the execution issued thereon, the right of the debtor to redeem certain mortgaged land, and subsequently sold it. So much of the officer’s return upon the execution as related to the notice given by him to the debtor was as follows: “ And, on the 27th day of October 1877, I gave notice in…
1Opinion of the CourtW. Allen, J.
Two questions are presented by these exceptions : First, Is it within the discretion of a court of record to allow an amendment to the return of a levy of an execution issued by it, by inserting a new and material fact, without proof of the truth of the fact? and second, Was there any evidence of the truth of the proposed amendment offered in the court below, upon which the court, in the exercise of a judicial discretion, could have allowed it?
Upon the first question, we have no doubt. The allowance of amendments to its records is within the discretion of every court of record; but it is a…
2Cases cited1 opinion
- Parker v. AbbottMassachusetts Supreme Judicial Court · 1880
3Cited by10 opinions
- Knapp v. WallaceOregon Supreme Court · 1907
- Sawyer v. HarmonMassachusetts Supreme Judicial Court · 1884
- Turnquist v. KjelbakNorth Dakota Supreme Court · 1956
- Cardiff v. DalpeMassachusetts District Court, Appellate Division · 1982
- Hunneman v. PhelpsMassachusetts Supreme Judicial Court · 1911
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