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2 Ark. 341

Humphries v. Lawson

Supreme Court of Arkansas

Decided January 15, 1847

Supreme Court of Arkansas · decided 1847-01-15

Writ of Error to the Circuit Court of Pulaski County. On the 8th May 1845, Humphries filed in the circuit court of Pulaski county the following motion: “ John Humphries comes and represents and shows to the court here that on the 7th day of May 1842, one Pleasant McCraw, by the consideration and judgment of this court, recovered against him the sum of $311 14 damages, with costs, Said Humphries therefore moves the court for a rule on said Lawson requiring him to apply said…

Decided 1847-01-15

Oldham, J.

¶1We are not aware of any law authorizing the circuit court to compel a sheriff to amend, or make a particular return. It is the privilege of the sheriff to amend if he should desire to do so, but he Cannot be compelled to return a particular state of facts; especially when he denies that those facts exist. If he make a! false return the law affords the injured party a remedy, by which he may obtain ample redress. Judgment affirmed.

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