Reynolds v. Hennessy
Supreme Court of Rhode Island
Trespass on the Case. On demurrer to tbe declaration, and subsequently on demurrers to pleas and replication. After the proceedings in this case already reported, 15 R. I. 513, the death of the defendant Hennessy was suggested at the April Term, 1888, and a citation was issued to his administrators to appear and defend. At the October Term, 1888, the plaintiff asked for a reargument of the demurrer to the declaration.
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Trespass on the Case. On demurrer to tbe declaration, and subsequently on demurrers to pleas and replication. After the proceedings in this case already reported, 15 R. I. 513, the death of the defendant Hennessy was suggested at the April Term, 1888, and a citation was issued to his administrators to appear and defend. At the October Term, 1888, the plaintiff asked for a reargument of the demurrer to the declaration. After reargument the court affirmed its decision of March 19, 1887, 15 R. I. 518, 514. At the April Term, 1889, permission was given to the plaintiff to amend the declaration,…
1Opinion of the Court
The question brought before the court on the demurrer of the administrators on the estate of the original defendant is, whether the causes of action set out in the first two counts of the amended declaration are such as survive under Pub. Stat. cap. 204, § 8.
The first count sets out in substance that the plaintiff's intestate, James Reynolds, was the owner of real estate mortgaged to the defendant, Hennessy, who has died since the commencement of this suit; that Hennessy sold the estate, under the power of sale in the mortgage, in May, 1872, in the lifetime of James Reynolds, to Patrick…
2Cases cited9 opinions
- Leggate v. MoultonMassachusetts Supreme Judicial Court · 1874
- Bellows v. Administrator of AllenSupreme Court of Vermont · 1849
- Dana v. LullSupreme Court of Vermont · 1849
- Aldrich v. HowardSupreme Court of Rhode Island · 1864
- Town of Winhall v. Estate of SawyerSupreme Court of Vermont · 1873
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3Cited by14 opinions
- Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
- Rosane v. SengerSupreme Court of Colorado · 1944
- Frank Marrapese v. The State of Rhode IslandCourt of Appeals for the First Circuit · 1985
- Von Villas v. WilliamsSupreme Court of Rhode Island · 1976
- Epstein & Bro. v. M. Ferst & Co.Supreme Court of Florida · 1895
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