Drew v. Claypool

In this case judgment by default was entered under a writ of attachment returnable April'T, 1885, and returned “Not found,” April4, 1885.

*234It is assigned as error that this return was premature, and not good in support of the judgment. This has been so often decided that no discussion is needed.1

The judgment must be reversed, with costs of both courts.

The other Justices concurred.

A justice of the peace has power, under the statute of amendments, to permit an officer to amend his return to a writ of attachment by showing when, it was in fact made and the writ and return filed with the justice.…