Crandall v. Gavitt

Supreme Court of Rhode Island

Crandall v. Gavitt

39 A. 191, 20 R.I. 366, 1898 R.I. LEXIS 54

DecidedJanuary 18, 1898

StatusPublished

This text of 39 A. 191 (Crandall v. Gavitt) 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

Crandall v. Gavitt, 39 A. 191, 20 R.I. 366, 1898 R.I. LEXIS 54 (R.I. 1898).

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Opinion

Per Curiam.

We think the demurrer should be sustained. The declaration shows that the arrest complained of was made upon process which was regular upon its face, and which commanded the officer to arrest the defendant in the former suit (who is the plaintiff in this), and the declaration does not allege that any privilege or exemption from arrest was claimed by the plaintiff, either at the time of the arrest or afterwards, by way of plea in abatement or otherwise, or even that the defendant knew or was informed that he was a qualified voter. If he neglected to claim his exemption from arrest in some way in connection with the former suit, as it was clearly his privilege to do, he waived his right thereto, and cannot now be heard to complain of the arrest.

Demurrer sustained, and case remitted to the Common Pleas Division for further proceedings.

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Per Curiam.

We think the demurrer should be sustained. The declaration shows that the arrest complained of was made upon process which was regular upon its face, and which commanded the officer to arrest the defendant in the former suit (who is the plaintiff in this), and the declaration does not allege that any privilege or exemption from arrest was claimed by the plaintiff, either at the time of the arrest or afterwards, by way of plea in abatement or otherwise, or even that the defendant knew or was informed that he was a qualified voter. If he neglected to claim his exemption from arrest in some way in connection with the former suit, as it was clearly his privilege to do, he waived his right thereto, and cannot now be heard to complain of the arrest.

Demurrer sustained, and case remitted to the Common Pleas Division for further proceedings.

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Bluebook (online)

39 A. 191, 20 R.I. 366, 1898 R.I. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crandall-v-gavitt-ri-1898.