Eddy v. the Providence Machine Co.
Supreme Court of Rhode Island
Exceptions to the Court of Common Pleas. This action was trespass on the case brought in the Court of Common Pleas against the defendant for neglect to file an account when garnished in a prior action brought by the plaintiff against one Willis H. Payson in the Justice Court of 'the city of Providence. The defendant in this action pleaded the general issue, “not guilty,” and the action was tried to the court upon an agreed statement of facts, jury trial being waived.
Read the full summary
Exceptions to the Court of Common Pleas. This action was trespass on the case brought in the Court of Common Pleas against the defendant for neglect to file an account when garnished in a prior action brought by the plaintiff against one Willis H. Payson in the Justice Court of 'the city of Providence. The defendant in this action pleaded the general issue, “not guilty,” and the action was tried to the court upon an agreed statement of facts, jury trial being waived. After judgment for the defendant, the plaintiff brought this bill of exceptions. The facts involved are stated in the opinion…
1Opinion of the CourtStiness, J.
The defendant is sued for neglecting to make an affidavit as garnishee in a suit by the plaintiff against Payson in the Justice Court of Providence. The return day of the writ in the Justice Court was June 26, 1882. The defendant, by its clerk, upon whom the copy of the writ was served, made its affidavit, which was filed in the clerk’s office of the Justice Court June 20,1882. In a corner of the sheet, above the affidavit, were placed the words, “ Justice Court City of Providence, June 29, 1882.” The plaintiff therefore claims that the affidavit could not apply to the original case. We think…
2Cases cited1 opinion
- Barton v. AllbrightIndiana Supreme Court · 1868