Whitford, Sanders & Co. v. Goodwin
Supreme Court of Rhode Island
Exceptions to the Court of Common Pleas. This action was replevin brought in the Court of Common Pleas. Before trial the defendant moved that the action be dismissed because the bond was signed by but one surety. The presiding justice overruled this motion, and allowed the plaintiffs to amend the bond by adding thereto another surety. The defendant excepted, and after verdict for the plaintiffs brought his exceptions to this court.
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Exceptions to the Court of Common Pleas. This action was replevin brought in the Court of Common Pleas. Before trial the defendant moved that the action be dismissed because the bond was signed by but one surety. The presiding justice overruled this motion, and allowed the plaintiffs to amend the bond by adding thereto another surety. The defendant excepted, and after verdict for the plaintiffs brought his exceptions to this court. Gen. Stat. R. I. cap. 224, § 3, provide : “ The officer charged with the service of any such writ (i: e. replevin) shall, before serving the same, take from the…
1Per curiam
We think the bond was fatally defective in that it had only one surety, whereas the statute calls for “sufficient sureties.” We think it was not amendable under Gen. Stat. R. I. cap. 224, § 4, for § 4 is only applicable in favor of the defendant and on his motion. And it was not amendable under Gen. Stat. R. I. cap. 199, § 4, unless it can be regarded as a part of the “process.” We have come to the conclusion that it cannot be so regarded. It. is something collateral to the process, not a part of it. The process runs against the defendant; the bond is taken for him, the taking of it being…
2Cases cited1 opinion
- Greely v. CurrierSupreme Judicial Court of Maine · 1855