20 S.E. 723 | N.C. | 1894
If the person upon whom a summons is incorrectly returned as "served" moves to have the record amended, he is entitled to have it amended, so far as it may affect him, as a matter of right, so that the record may "speak the truth." Not so as to the officer making the return in a proceeding against him for liability for such (499) return, for then, as to him, the record does already speak the truth, which is that he made such and such return. Whether such return was in fact true or not when made, is not a matter of record evidence. Amendments in such cases have been allowed by the courts, at the instance of the officer, to prevent hardships (Hassell v. Latham,
Error.
Cited: Grady v. R. R.,
(500)