Hefflin v. McMinn
Supreme Court of Alabama
This was a writ of error from Pickens Circuit Court, sued by Hefflin to reverse a judgment rendered in that Court against him by McMinn. The action was debt, to recover on a promissory note. In the record there appeared a writ and declaration, and at the regular trial term, on the first of October, 1828, a judgment by default for @88 60, the amount of the note, and @10 50 damages.
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This was a writ of error from Pickens Circuit Court, sued by Hefflin to reverse a judgment rendered in that Court against him by McMinn. The action was debt, to recover on a promissory note. In the record there appeared a writ and declaration, and at the regular trial term, on the first of October, 1828, a judgment by default for @88 60, the amount of the note, and @10 50 damages. The writ of error was sued out to reverse this judgment, on the 16th of October, 1828. At that time it did not appear of record that the writ had been executed by the sheriff. At March term, 1829, the plaintiff…
1Opinion of the Court
By JUDGE WHITE.
It is insisted that the amendment made in the sheriff’s return by leave of the Circuit Court, cannot cure the defect in the judgment so as to prevent a reversal. We are, however, of a different opinion. Courts have extended great latitude to ministerial officers, in permitting them to amend their returns, so as to conform to the facts of the case. This prevents injury from casual mistakes, in which the parties have no agency, and by which they should not be prejudiced. But completely to effectuate this purpose, it is necessary that the return, when amended, should relate back…
2Cited by6 opinions
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- Employer's Reinsurance Corp. v. BrockCourt of Appeals of Texas · 1934
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