Bancroft, Leman & Co. v. Sinclair

Curia, per O’Neall, O. J.
The right of the party arises from the levy of the attachment. The return is merely evidence of that fact. If the Sheriff omits to make that return, he can be made to do it on a rule at the instance of the party aggrieved, or the Court in its discretionary power of amendment may, when necessary, order it to be done nunc pro tunc.

This Court concurs in the ruling of the Judge below; and the motion is dismissed.

Johnstone and Wardlaw, JJ., concurred.

Motion dismissed.