Deacle v. Deacle

Citations

• 160 Pa. 206
• 28 A. 839
• 1894 Pa. LEXIS 796

Syllabus

<p>Alteration of sheriff's return — Practice, G. P.</p> <p>It is not competent for the sheriff to alter or amend a return which has been made. If the writ bears his return, and has been delivered to the prothonotary, his control over it is ended, and any alteration by him without leave of the court is unauthorized and invalid.</p> <p>The question whether there has been an alteration by the sheriff of a return made, or only a refusal by him to accept a return prepared by his deputy, but not actually made, and the substitution by him of a new one in place of it while the writ is still in his hands, is a question of fact, the duty and responsibility of deciding which rests with the court before which the case was heard.</p>