O.C.G.A. § 15-16-15 (2019)
Entries and returns amendable
The sheriff or other executing officer may amend his official entries and returns so as to make the entries and returns conform to the facts of the case at the time the entries or returns were made.
History
(Orig. Code 1863, § 3426; Code 1868, § 3446; Code 1873, § 3497; Code 1882, § 3497; Civil Code 1895, § 5116; Civil Code 1910, § 5700; Code 1933, § 24-2815.)
Annotations
JUDICIAL DECISIONS
Amendment of irregular and incomplete return. - In all cases where there has been good service of a petition and process, but an irregular and incomplete return thereof, the defect may be cured by an amendment making the entry conform to the facts. Jones v. Bibb Brick Co., 120 Ga. 321, 48 S.E. 25 (1904); McDuffie Oil & Fertilizer Co. v. Iler, 28 Ga. App. 734, 113 S.E. 52 (1922); Tennessee Chem. Co. v. Harper, 30 Ga. App. 789, 119 S.E. 448 (1923), later appeal, 37 Ga. App. 433, 140 S.E. 408 (1927); Love v. National Liberty Ins. Co., 157 Ga. 259, 121 S.E. 648 (1924).
If there has been no return whatever, deficiency cannot be supplied by way of amendment. Callaway v. Douglasville College, 99 Ga. 623, 25 S.E. 850 (1896); News Printing Co. v. Brunswick Publishing Co., 113 Ga. 160, 38 S.E. 333 (1901).
Amendment of return by official distinguished from such by court judgment. - If a party resorts to a traverse in order to annul the terms and effect of an official entry, the relief obtained results from a judgment of court fixing and declaring the truth as to the controverted facts; whereas the altering by the official amending the official's own entry or return results, not from any compulsion of a judgment establishing the fact, but from the voluntary act of the official personally. Schermerhorn v. National Fire Ins. Co., 38 Ga. App. 470, 144 S.E. 395, cert. denied, 38 Ga. App. 816 (1928).
Amendment to return need not be under oath. Wright v. Davis, 120 Ga. 670, 48 S.E. 170 (1904).
Amendment to return of habeas corpus writ. - Return to the writ of habeas corpus may be amended at any time before the final disposition of the cause. Wright v. Davis, 120 Ga. 670, 48 S.E. 170 (1904).
Amendment of entry by officer while still in office. - Officer making the levy upon realty could make the entry of "no personalty" nunc pro tunc, provided the officer is still in office. Williams v. Moore & Watkins, 68 Ga. 585 (1882); Robinson v. Burge, 71 Ga. 526 (1883).
No authority to amend after officer out of office. - After a constable is out of office, the constable has no authority to amend or alter a levy made by the constable while in office. Jessup v. Gragg, 12 Ga. 261 (1852).
Amendment may prevent case dismissal. - If the constable's return fails to show service of summons on the defendant, the case should be dismissed, on motion made in due time, unless steps are taken to have the return amended. Western & Atl. R.R. v. Pitts, 79 Ga. 532, 4 S.E. 921 (1887).
Amendment to identify defendant as owner. - Entry of levy upon land, which is defective for the reason that it does not state that the property was levied upon as the property of the defendant, may be amended by supplying this statement. Manley v. McKenzie, 128 Ga. 347, 57 S.E. 705 (1907); Dominey v. De Lang, 130 Ga. 618, 61 S.E. 475, 124 Am. St. R. 193 (1908).
Amendment of entry and return of levy. - If the court actually acquired jurisdiction in an attachment proceeding against a nonresident by the levy of an attachment upon the property of the defendant, with notice of such levy given to the defendant, it was not error for the court, at the trial term, to permit the officer to amend the officer's entry and return of the levy so as to show the defendant's interest in the property levied upon. Hendricks v. Georgia Fertilizer Co., 40 Ga. App. 427, 149 S.E. 711 (1929).
Defective description in entry of levy. - It appearing to the court that there was a defective description in the entry of levy upon the property in dispute, it was not erroneous for the court to support an amendment, and allow the amendment to be made by the sheriff accordingly. Hollis v. Rodgers, 106 Ga. 13, 31 S.E. 783 (1898).
Signature omission in entry. - Executing officer was permitted, by amendment, to correct defect of signature omission in entry of levy upon land. Sharp v. Kennedy, 50 Ga. 208 (1873).
Successors of sheriff who made defective levy and died cannot amend return. Hudspeth v. Scarborough, 69 Ga. 777 (1883).
Cited in Whitlock v. Michael, 206 Ga. 749, 58 S.E.2d 833 (1950); Knox v. Landers, 160 Ga. App. 1, 285 S.E.2d 767 (1981); Raw Properties, Inc. v. Lawson, 335 Ga. App. 802, 783 S.E.2d 161 (2016).