Di Iorio v. William H. Considine & Co.

This is a bill in equity to enjoin the respondents from selling complainant’s real estate on an execution which has been levied thereon. The cause is here on complainant’s appeal from a decree dismissing the bill.

The execution issued on a judgment obtained in a district court in an action of scire facias. The complainant contends that the district court had no jurisdiction to enter said judgment for the reason that the writ of scire facias was not served twenty days before the return-day thereof as required by statute. See Kevorko v. Vaitkunas, 54 R. I. 8 168 Atl. 910. No entry of appearance…