Cranston Loan Co. v. Reynolds

Superior Court of Rhode Island

Cranston Loan Co. v. Reynolds

12 R.I. Dec. 110

CourtSuperior Court of Rhode Island

DecidedMarch 8, 1935

DocketNo. 72211

StatusPublished

This text of 12 R.I. Dec. 110 (Cranston Loan Co. v. Reynolds) 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

Cranston Loan Co. v. Reynolds, 12 R.I. Dec. 110 (R.I. Ct. App. 1935).

Pincite

Opinion

CHURCHILL, J.

Heard on motion to amend.

The motion to amend is premature as the record discloses a lack of parties.

It appears that William Byrne, one of the defendants, died on December 22, 1931, and his personal representative has not taken upon himself the defence of the case. It is true that notice of discontinuance was filed on February 11, 1935, by the plaintiff as against William Byrne, but this is ineffective under the circumstances.

See General Laws of 1923, Chap. 333, Sec. 27 (4875), Chap 369, Sec. 5 (5583) and Sec. 6 ( 5584) of the same chapter.

The motion to amend and the motion to dismiss may stand over until the defect in parties is remedied.

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