Swain v. . Burden
Supreme Court of North Carolina
Civil AotioN, for the penalty of $500, under section 2079 of The Code, instituted against the defendant as sheriff of Beetle County for making a false return in the suit of Joseph Swain, plaintiff, v. F. A. Phelps, executrix of Asa Phelps, John Johnson and John Johnson, Jr., defendants, returnable to February Term, 1898, of the Superior Court of said county.
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Civil AotioN, for the penalty of $500, under section 2079 of The Code, instituted against the defendant as sheriff of Beetle County for making a false return in the suit of Joseph Swain, plaintiff, v. F. A. Phelps, executrix of Asa Phelps, John Johnson and John Johnson, Jr., defendants, returnable to February Term, 1898, of the Superior Court of said county. The origninal return upon the summons was as follows: “Received November 13th, 1897; served February 10th, 1898, by reading to each defendant. (Signed) W. G. BubbeN, Sheriff of Bertie County. ByW. J. BuedeN/"’ The defendants appeared at…
1Opinion of the Court
Faiecloth:, 0. J.
This is an action against the defendant as Sheriff for the penalty of $500 for a false return, as provided in The Code, section 2079. After the action was begun, the defendant, on affidavits, moved the Court to be allowed to amend his return so as to speak the truth. The motion was allowed and the plaintiff appealed.
The only matter for this Court is the power of the Superior Court Judge to allow the amendment to be made. The power of the Judges to allow amendments in process, etc., is broad, both by statute and the inherent power of the Court. The experience of every lawyer…
2Cases cited1 opinion
- Stealman v. . GreenwoodSupreme Court of North Carolina · 1893
3Cited by8 opinions
- Lee v. . HoffSupreme Court of North Carolina · 1942
- Lee v. HoffSupreme Court of North Carolina · 1942
- Crowder v. JenkinsCourt of Appeals of North Carolina · 1971
- State v. . LewisSupreme Court of North Carolina · 1919
- Swain v. . PhelpsSupreme Court of North Carolina · 1899
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