Hibbard v. Estridge

Opinion op the Court by

Chiep Justice Hobson

on Motion to File Additional Record.

This appeal was taken on March 24, 1913. Since the transcript was filed the appellee has had the sheriff make a return on the order of delivery sued out in the action, and has tendered as an additional record, the sheriff’s return so made, which was filed in the circuit' court on April 22nd. It appears that the sheriff failed to make a return on the writ, and that when the case was tried in the circuit court, no return had been made by him. The case must be tried in this court on the record as it was presented to…