Ellis v. Ellis
Supreme Court of Rhode Island
Writ op dower. The tenant pleaded in abatement that he could not render to the demandant her dower in the*premises, because he was not, at the date of the writ, and is not, tenant of the freehold except in common with Charles S. Ellis and Betsey A. Hoxsie, wife of Benjamin R. Hoxsie, who are not joined with him, &c.
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Writ op dower. The tenant pleaded in abatement that he could not render to the demandant her dower in the*premises, because he was not, at the date of the writ, and is not, tenant of the freehold except in common with Charles S. Ellis and Betsey A. Hoxsie, wife of Benjamin R. Hoxsie, who are not joined with him, &c. To this plea the demandant demurred, alleging for cause, in addition to the other insufficiencies of the plea, that it did not allege that the tenant was not tenant in possession of the premises at the time alleged in the writ, &c.; and the tenant joined in demurrer. The action…
1Opinion of the CourtAmes, C. J.
To save time, the counsel have consented to argue the motion to dismiss this appeal and the questions raised by the plea in abatement, together; and we will consider them in the order just named.
The ground of the motion' to dismiss, is, that the demurrer to the plea in abatement having been sustained in the court below, the plea overruled, and the tenant ordered to answer over, the demandant actually recovered judgment in that court upon the only issue made up in the cause, and could not, in the language of our statute “establishing courts of common pleas,” (Dig. 1844, p. 99, § 15,) be “…
2Cases cited4 opinions
- Shaver v. M'GrawNew York Supreme Court · 1834
- Ward v. WinshipMassachusetts Supreme Judicial Court · 1815
- Merrill v. RussellMassachusetts Supreme Judicial Court · 1805
- Parker v. MurphyMassachusetts Supreme Judicial Court · 1815
3Cited by1 opinion
- Sprague v. StevensSupreme Court of Rhode Island · 1911