Mathewson v. Ham
Supreme Court of Rhode Island
Trespass and Ejectment. Certified from a District Court, and heard on exceptions to a decision overruling defendant’s plea in abatement.
1Opinion of the CourtStiness, J.
In the District Court the defendant pleaded in abatement, that the writ, served May 6th, 1898, and returnable May 12, 1898, had been served less than six days before the return-day. The plea was overruled by the District Court, and the case is here on exception to that ruling.
Gen. Laws, cap. 253, § 1, provides that “ a writ issuing from a District Court shall be served not less than six days nor more than twenty days before the return-day thereof.” The defendant claims that this means six full days or clear days. In other words, to insure not less than six clays, the writ must be served on…
2Cases cited4 opinions
- Bemis v. LeonardMassachusetts Supreme Judicial Court · 1875
- Wright v. ForrestalWisconsin Supreme Court · 1886
- Stebbins v. AnthonySupreme Court of Colorado · 1880
- State ex rel. Reitemeyer v. Gasconade County CourtSupreme Court of Missouri · 1862
3Cited by2 opinions
- Leo v. Maro Display, Inc.Supreme Court of Rhode Island · 1980
- State Ex Rel. Earley v. BatchelorWashington Supreme Court · 1942