If a notice isnot filed or returned by the sheriff to the person from whom itwas received, or ifthe return thereon is defective, the officer making the same shall be guilty of a simple misdemeanor, and the officer shallbe liable to an action for damages by any person aggrieved thereby. The court may, before or after judgment isentered, 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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