If a notice is not filed or returned by the sheriff to the person from whom it was received, or if the return thereon is defective, the officer making the same shall be guilty of a simple misdemeanor, and the officer shall be liable to an action for damages by any person aggrieved thereby. The court may, before or after judgment is entered, permit an amendment according to the truth of the case.
[R60, § 2820; C73, § 2606; C97, § 3521; C24, 27, 31, 35, 39, § 11063; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 617.2]
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