Cranston Loan Co. v. Reynolds

Superior Court of Rhode Island

Cranston Loan Co. v. Reynolds

12 R.I. Dec. 110

Superior Court of Rhode Island·Decided March 8, 1935·No. No. 72211·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

12 R.I. Dec. 110 (Cranston Loan Co. v. Reynolds) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.