Return Of Writs
Defined in 3 dictionaries — Bouvier (1914), Black's (1910), Bouvier (1839)
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
A short account, in writing, made by the sheriff, or other ministerial officer, of the manner in which he has executed a writ. Steph. PI. 24. It is the duty of such officer to return all writs on the return-day: on his neglecting to do so, a rule may be obtained on him to return the writ, and if he do not obey the rule he may attached for contempt. See 19 Com. Dig. Return. A return of service by a state sheriff may be questioned upon removal to a federal court; the latter court may determine upon affidavits whether the service conferred jurisdiction; Mechanical Appliance Co. v. Castl email, 215 U. S. 437, 30 Sup. Ct. 125, 54 L. Ed. 272. A marshal’s return of service is conclusive on the parties, but where it does not show jurisdictional facts it can he set aside by a rule; Jackson v. Amusement Co., 131 Fed. 134. While the physical acts of the sheriff could not be controverted, the legal conclusion could he; the proper method is by a rule to quash; Higham v. Travelers’ Ass’n, 183 Fed. 840. While it is true that a sheriff’s return cannot he contradicted, yet a court may inquire into the facts where the return is not full or explicit, and tins may he done by a rule; Park Bros. & Co. v. Boiler Works, 204 Pa. 453, 54 Atl. 334. That a return cannot be controverted, see Newcomb v. R. Co., 182 Mo. 087, 81 S. W. 1009. RETURNUM AV ERI0RUM. A judicial writ, similar to the retorno habendo. Cowell.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
In practice. A short account, in writing, made by the sheriff, or other ministerial officer, of the manner in which he has executed a writ. Steph. PI. 24.
Defined under Return in Black's Law Dictionary.
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
prac. tice, is a short account, in writing, made by the sheriff, or other ministerial officer, of the manner in which he has executed a writ. Steph. on Pl. 24. Itisthe duty of such officer to return all writs on the return day; on his neglecting to do so, a rule may be obtained on him to return the writ, and, if he do not obey the rule, he may be attached for contempt. See 19 Vin. Abr. 171; Com. Dig. Return; 2 Lilly’s Abr. 476; Wood. b. 1, c. 7.