Legal Opinion

Stokes & Leonard v. Potter

Supreme Court of Rhode Island

Decided October 6, 1873Published

Assumpsit to recover the sum of $2,500, alleged to be due on a promissory note signed by tbe defendant. The case was heard upon the plaintiffs’ demurrer to the defendant’s plea in abatement. The facts of the case are stated in the opinion of the court.

1Opinion of the CourtDurebe, J.

The writ in this case was served by attachment of personal property. The affidavit indorsed on the, writ sets forth as a cause for the attachment, “ that since the contracting of said debt the defendant has been the owner of property or in the receipt of an income which he has refused or neglected to apply towards the payment thereof, though requested by the plaintiffs so to do.” The defendant pleads, in abatement to the writ, that the affidavit is not sufficient to authorize the attachment. The plaintiffs demur. The affidavit is in the words of the statute, Gen. St. ch. 195, § 11; but the…

2Cases cited11 opinions

  1. Van Alstyne v. . ErwineNew York Court of Appeals · 1854
  2. Garner v. BurlesonTexas Supreme Court · 1862
  3. State v. Trustees of Vincennes UniversityIndiana Supreme Court · 1854
  4. Howard v. OppenheimerCourt of Appeals of Maryland · 1866
  5. Hopkins v. NicholsTexas Supreme Court · 1858

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