In Re Application of Herbert M. Kimball
Supreme Court of Rhode Island
Petition to be admitted to take the poor debtor’s oath. The case was brought before Stiness, J., as a single justice. Considering that the gravity of the matter demanded it, he referred it to the Appellate Division, by consent of parties, in vacation.
1Opinion of the CourtStiness, J.
The petitioner was imprisoned on execution in an action of trespass on the case for negligence, July 22, 1898.
He how applies for leave to take the poor debtor’s oath.
The question is whether he is now entitled to take the oath under Gen. Laws cap. 260, or whether as a poor tort debtor he can only take it after six months, as provided in cap. 261. In other words, is this case included in the provisions of cap. 260 ?
Prom the instructive review of the history of this legislation given by Mr. Justice Brayton, in Thompson v. Berry, 5 R. I. 95, we find that the first act, in the digest of 1198, gave…
2Cited by2 opinions
- Taylor, Symonds Co. v. BlissSupreme Court of Rhode Island · 1910
- White v. Tenth District CourtSupreme Court of Rhode Island · 1969