Carpenter v. Phœnix Electric Light & Coal Co.

Supreme Court of Rhode Island

Carpenter v. Phœnix Electric Light & Coal Co.

43 A. 539, 21 R.I. 145, 1899 R.I. LEXIS 56

DecidedJanuary 13, 1899

StatusPublished

This text of 43 A. 539 (Carpenter v. Phœnix Electric Light & Coal Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carpenter v. Phœnix Electric Light & Coal Co., 43 A. 539, 21 R.I. 145, 1899 R.I. LEXIS 56 (R.I. 1899).

Pincite

Opinion

Per Curiam.

(1) The court is of opinion that the demurrer should be overruled. While the bill shows that the complainant was negligent in not bringing to the attention of the court rendering the judgment, on which the execution is sought to he enjoined, the fact of the attachment of the fund in his hands, it was not a negligence injurious to the respondent. The equity of the bill appears in the payment of the respondent’s debt by the complainant, on execution against him as garnishee, and the receipt by the respondent of a part of the money so paid. These allegations, if proved, would amount to a satisfaction of the respondent’s judgment against the complainant, in whole or in part, and hence are sufficient ground for relief.

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Per Curiam.

(1) The court is of opinion that the demurrer should be overruled. While the bill shows that the complainant was negligent in not bringing to the attention of the court rendering the judgment, on which the execution is sought to he enjoined, the fact of the attachment of the fund in his hands, it was not a negligence injurious to the respondent. The equity of the bill appears in the payment of the respondent’s debt by the complainant, on execution against him as garnishee, and the receipt by the respondent of a part of the money so paid. These allegations, if proved, would amount to a satisfaction of the respondent’s judgment against the complainant, in whole or in part, and hence are sufficient ground for relief.

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Bluebook (online)

43 A. 539, 21 R.I. 145, 1899 R.I. LEXIS 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenter-v-phnix-electric-light-coal-co-ri-1899.