Jaffe v. Leatherman

THOMAS, Justice.

The effect of the allowance of an amendment of the sheriff’s return on the replevin bond by a succeeding sheriff, under section 7389 of the Code, as to the delivery of the property or forfeiture of the bond by the defendant in detinue, is presented by this appeal.

The former appeal presented the question of the insufficiency of the return as originally made by Sheriff Downs, a former official of the county. Jaffe v. Leatherman, 222 Ala. 326, 131 So. 902, construing sections 7389, 7394 of the Code. May the present incumbent in that office voluntarily correct that return so as to…