Clark v. Dugan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order amending sheriff’s return erroneously returned as satisfied, to show that it was satisfied only to the extent of $81.13 to conform to the facts, and directing the county clerk to make correction of the record, affirmed, with ten dollars costs and disbursements. The power of the court to correct and amend a return made by mistake or error is implicit where such discretion is exercised in the furtherance of justice. (Williams v. Rogers, 5 Johns. 163; Barker v. Binninger, 14 N. Y. 270; James v. Gurley, 48 id. 163; 23 C. J. 798 et seg. and cases cited; 14 Halsbury, Laws of England, § 14…
2Cases cited2 opinions
- Barker v. . BinningerNew York Court of Appeals · 1856
- Williams v. RogersNew York Supreme Court · 1809
3Cited by1 opinion
- Firestone v. AlbinAppellate Division of the Supreme Court of the State of New York · 1997