White v. Sydenstricker
West Virginia Supreme Court
The questions of this case arise upon the following undertaking, notice, return, and amended return: [Undertaking for the delivery of property.] William H. White, plt’ff, vs. John T. Sydenstricker, deft.
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The questions of this case arise upon the following undertaking, notice, return, and amended return: [Undertaking for the delivery of property.] William H. White, plt’ff, vs. John T. Sydenstricker, deft. Whereas the Sheriff of the county ■ of Greenbrier, by virtue of a writ of fieri facias against the property of the said — , has levied on the following property, to-wit, two head of work horses: Now, therefore, we, and each of us, undertake that the said John T. Sydenstricker will deliver the said property to the said Sheriff at Green-brier O. H., on the 10th day of July, 1871, then and there…
1Opinion of the Court
Paull, Judge :
This was a judgment on an undertaking against two of the persons signing the same, rendered after service of notice and proof thereof in Court. The return of the deputy sheriff on saicf notice being defective, leave was given him to amend. In making his amendment of service, he also changed or altered the notice, itself, by ■supplying the blanks appearing therein. This he had no right or power to do. The notice is the act of the party, not of the sheriff; his sole business was to make return how he had executed the same, just as it came to his hands, without regard to any…
2Cited by16 opinions
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- Shepherd v. BrownWest Virginia Supreme Court · 1887
- Koen v. Fairmont Brewing Co.West Virginia Supreme Court · 1911
- Anderson v. PrinceWest Virginia Supreme Court · 1906
- Knox v. HornerWest Virginia Supreme Court · 1905
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