N. Angell Son v. Charles L. Bowler

3 R.I. 77

Opinion

Staples, C. J.

The officer’s return is conclusive, and cannot be controverted incidentally by motion or plea, except in cases specially provided for by statute. Errors apparent on the record can be taken advantage of by motion as well as plea. But it never has been permitted for a defendant to falsify the record by his affidavit, and then take advantage of an error thus made apparent.

Motion overruled.