
    Barndollar et al. v. Patton.
    DeSeiéncies in a record cannot be supplied in this court by ex parte affidavits. Where an amendment is desired to a sheriff's return application must be made in the court below.
    
      Error to County Cotvrt of Pueblo County.
    
    • The defendant in error filed in this court an affidavit of the sheriff of Pneblo county, to the effect that he had served the summons issuing out of the county court in said action by delivering to each of the defendants therein a true copy, etc. The plaintiff in error moved to strike the affidavit from the files.
    Mr. Thomas T. Plater, for plaintiff in error.
    Mr. A. B. Patton, pro se.
    
   Per Curiam.

The motion.in - this .case must be allowed. Deficiencies in the record cannot be supplied by ex piarte affidavits. If the defendant in error desires to have the sheriff amend his return, he must apply to the court below. The affidavit might be considered in support of a motion for a stay of proceedings in this conrt until such application could be made, but there is no such motion interposed, and the affidavit must be stricken from the files. The case of De Armond et al. v. Adams et al. 25 Ind. 457, cited by the defendant in error, does not lay down any different practice, as is claimed.

Motion allowed.  