Chernick v. Coleman

Superior Court of Rhode Island

Chernick v. Coleman

2 Super. Ct. (R.I.) 34

CourtSuperior Court of Rhode Island

DecidedFebruary 26, 1919

DocketNo. 40245

StatusPublished

This text of 2 Super. Ct. (R.I.) 34 (Chernick v. Coleman) is published on Counsel Stack Legal Research, covering Superior 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

Chernick v. Coleman, 2 Super. Ct. (R.I.) 34 (R.I. Ct. App. 1919).

Pincite

Opinion

RESCRIPT

TANNER, P. J.

This is a motion to remove a default after the case has gone to execution and the execution has been satisfied by collection from the Rhode Island Hospital Trust Company, the garnishes.

Under the authorities we find that the Court has power to remove a default even a¡fter the execution has gone to [35]*35collection, provided the rights of third parties are not prejudiced.

For plaintiff: C. S. Slocum and Peter J. Quinn. For defendant: Flynn & Mahoney.

The default may be removed upon payment of costs upon condition that no further liability shall attach to the garnihes, the Rhode Island Hospital Trust Company, upon the garnishment hitherto made in this case.

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