Jeremiah Sheldon, Jr. v. Gilbert B. Comstock
Supreme Court of Rhode Island
The writ in this action was served by attaching certain articles of personal property. The return of the officer, as originally made, set forth the attachment with the time and place, but did not state that immediately after making the attachment he left an attested copy of the writ with a copy of his doings thereon at the defendant’s usual place of abode, with some person there, as is required by sec. 3 of the act entitled “ an act prescribing the forms of writs and the…
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The writ in this action was served by attaching certain articles of personal property. The return of the officer, as originally made, set forth the attachment with the time and place, but did not state that immediately after making the attachment he left an attested copy of the writ with a copy of his doings thereon at the defendant’s usual place of abode, with some person there, as is required by sec. 3 of the act entitled “ an act prescribing the forms of writs and the manner of serving them.” The defendant filed his motion to dismiss the action for want of service, whereupon the officer…
1Opinion of the CourtStaples, C. J.
Motions by officers for leave to amend their returns on mesne process are of very frequent occurrence. "When made at the return term, or during the pendency of the suit, they have generally been granted, and almost as a matter of course. The leave so given is to spread on the record proper evidence of all that the officer actually did on the service of the process committed to him, to correct the omissions and errors in his return.
We are of the opinion that the officer’s return, amended according to his motion, would still be insufficient.
An officer’s return on process of every kind should…
2Cited by2 opinions
- Goodman v. TurnerSupreme Court of Rhode Island · 1986
- State v. AckermanSupreme Court of Rhode Island · 1929