People v. Cutler

Plaintiff in error urges two separate reasons for a reversal of this case.’ First, that the court erred in allowing the sheriff to .amend his return to the writ of scire facias. Second, the scire facias was insufficient in that it required the defendants “to show cause why execution should not issue against them upon the recognizance according to the form, force and effect thereof and of the forfeiture aforesaid. ’ ’

The first objection cannot prevail over the provisions of the statute authorizing such amendments. Hurd’s Revised Statutes of 1909, chap. 7, sec. 4: “All returns by any Sheriff or…