Legal Opinion

Hamill v. Champlin

Supreme Court of Rhode Island

Decided June 24, 1878Published

EXCEPTIONS to the Court of Common Pleas.

1Opinion of the CourtDukeee, C. J.

Two of the rulings excepted to were erroneous. The court below ruled that a garnishee who has made affidavit or rendered an account on oath as required by Gen. Stat. R. I. cap. 197, § 10, is nevertheless liable to be sued under § 18, if he neglects or refuses to answer the interrogatories propounded to him under § 12. The ruling was contrary to the decision of this court in Falk v. Flint, ante, page 14. The exception to the ruling must therefore be sustained.

The court below also made the following ruling. The original action in which the defendants were served as garnishees was commenced in…

2Cases cited6 opinions

  1. Frazier v. GriffieCourt of Appeals of Maryland · 1855
  2. Martin v. FalesSupreme Judicial Court of Maine · 1840
  3. Call v. MitchellSupreme Judicial Court of Maine · 1855
  4. McCollum v. McClaveNew York Court of Common Pleas · 1856
  5. Pratt v. RobertsSupreme Judicial Court of Maine · 1866

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