Miller v. Hall
Miller v. Hall
Opinion of the Court
Curia, per
The motion to quash the writ, because it was signed by the clerk in blank, cannot be allowed to prevail. There is no rule of court here, as in the
Nor can we agree to set aside the service on the ground that it was not entered in the sheriff’s office, and in the sheriff’s book. The Act of 1839, which directs the entry and prescribes the mode, is merely directory; intended only to furnish evidence of the fact, that the writ was de^ livered to the sheriff; in case such proof should be required either against the sheriff, or in controversies between othel parties; and the entry, with the endorsement of it, cannot be held essential to the validity of the writ, or the legality of the service. The sheriff is equally required to enter the service and return; and it would be quite as reasonable to hold the service void, because the sheriff fails to enter it in his book. Motion refused.
Reference
- Full Case Name
- C. A. Miller v. Thomas G. Hall J. Hollingsworth v. The same M. Rowen v. The same
- Cited By
- 1 case
- Status
- Published