False Return

A return made by the truth, and injurious to one of the parties or some one having an interest in it In this case the officer is liable for damagfes to the party injured; 2 Esp. 475. When the sheriff has levied on property sufficient to satisfy an execution, and yet returns it unsatisfied, he is prima facie liable to the plaintiff for the full amount of the judgment, and he must show such facts as will exonerate or excuse him; Ansonla Brass & Copper Co. V. Babbitt, 74 N. Y. 395. In some states, every return of process, untrue in fact, is held to expose the sheriff to all the penalties of a false return; Peebles v. Newsom, 74 N. C. 473; Finley v. Hayes, 81 N. C. 368. But when the actual damage is the result of the negligence of the party complaining, the sheriff will only be liable for nominal- damages; Tutein v. Hurley, 98 Mass. 211, 93 Am. Dec. 154; Carter v. Towne, 103 Mass. 507; Parker v. City of Cohoes, 10 Hun (N. Y.) 531.

See Return of Writs.