Legal Opinion

Gardner v. James Others

Supreme Court of Rhode Island

Decided March 6, 1858PublishedCited by 1 opinion

The three above entitled causes, which were actions of as-sumpsit upon promissory notes, or for money paid, were heard together, upon the demurrers filed to the pleas in abatement therein.

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The three above entitled causes, which were actions of as-sumpsit upon promissory notes, or for money paid, were heard together, upon the demurrers filed to the pleas in abatement therein. In the first action, the writ was served, as appeared by the sheriff’s return, by attachment only, “ of all the defendant’s right, title, interest, and property in and to ” the estate whereon the defendant resided, and in certain lots of land, near the same, in the westerly part of the city of Providence. To this action the defendant pleaded, first, in abatement, that at the time of the pretended service of…

1Opinion of the CourtBeayton, J.

Under the statutes in force at the time of the commencement of this suit, there were three modes of service of writs, by which the defendant might be held to answer to the plaintiff, giving to the court jurisdiction over the defendant’s person : first, by arrest of the body: second, by summons: third, by attachment of the defendant’s property: his goods and chattels, if his body could not be found within the officer’s precinct, and his real estate, if his body could not be found within the state.

Either of these modes was sufficient to bring the cause to trial, and warranted a judgment in…

2Cases cited4 opinions

  1. Tingley v. BatemanMassachusetts Supreme Judicial Court · 1813
  2. Malcom v. RogersNew York Supreme Court · 1823
  3. Knox v. SummersSupreme Court of the United States · 1806
  4. Wheeler v. LampmanNew York Supreme Court · 1817

3Cited by1 opinion

  1. Washington Trust Co. v. BishopSupreme Court of Rhode Island · 1951

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