Wakefield Trust Company v. Whaley

The plaintiff sues in an action of assumpsit on a promissory note, the declaration containing, besides the count upon the note, the usual common counts. The action was begun by a writ dated January 30, 1892, and served by attachment of the defendant’s interest in certain real estate, and also by summoning the defendant. The defendant, by his guardian, in addition to the general issue, upon which issue has been joined, has pleaded specially in bar that, on June 16, 1890, the Probate Court of the District of Narragansett, in which district the defendant was then and now is a resident and…