Ellis v. Degarmo
Supreme Court of Rhode Island
Assumpsit. On motions to^dismiss the case and to discharge the defendant’s bail. The defendant, a non-resident of this Statev while attending court in this State as a party respondent to a petition for divorce, was arrested on a writ in assumpsit containing an affidavit that he was about to leave the State without leaving therein realty or personalty whereon an execution could be served.
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Assumpsit. On motions to^dismiss the case and to discharge the defendant’s bail. The defendant, a non-resident of this Statev while attending court in this State as a party respondent to a petition for divorce, was arrested on a writ in assumpsit containing an affidavit that he was about to leave the State without leaving therein realty or personalty whereon an execution could be served. He moved to dismiss the action on the ground of an illegal and therefore void service of the writ, and also moved that the bail given by him be discharged.
1Opinion of the CourtStiness, J.
In this case it appears that the defendant, a resident of the State of Iowa, attended this court, October 19, 1891, to defend a petition for divorce brought against him by his wife, and then pending. The hearing was adjourned on account of the illness of the wife, and the statement that she would not be able to appear in court within a week or ten days. No day was fixed for the hearing, and consequently the ease stood as passed from day to day, awaiting the recovery of the wife, or a new assignment for the hearing of the case. Under these circumstances, not only would it be unreasonable and…
2Cases cited2 opinions
- In re HealeySupreme Court of Vermont · 1881
- Booraem & Co. v. WheelerSupreme Court of Vermont · 1840
3Cited by6 opinions
- Murray v. WilcoxSupreme Court of Iowa · 1904
- Tiedemann v. TiedemannNevada Supreme Court · 1912
- State Ex Rel. Brainard v. Dist. Court of Eighth Judicial District Ex Rel. Natrona CountyWyoming Supreme Court · 1926
- State ex rel. Gunn v. Superior CourtWashington Supreme Court · 1920
- Parmentier v. CassiesDistrict Court, D. Alaska · 1914
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