Crowley v. Burke

Supreme Court of Rhode Island

Crowley v. Burke

38 A. 895, 20 R.I. 793, 1894 R.I. LEXIS 95

Supreme Court of Rhode Island·Decided May 21, 1894·Published

Opinion

Per Curiam.

According to the testimony of the plaintiff, the defendant, Mrs. Burke, robbed her of the $135, for which she sues. This being so, Pub. Stat. R. I. cap. 204, § 22, requires that in order to entitle her to sue for the money, she should have first made a complaint for the crime and had process issued on the complaint. This she did not do. The court, therefore, properly directed a verdict for the defendants.

The petition for a new trial is denied and dismissed, and the case remitted to the Common Pleas Division, with direction to enter judgment on the verdict.

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Per Curiam.

According to the testimony of the plaintiff, the defendant, Mrs. Burke, robbed her of the $135, for which she sues. This being so, Pub. Stat. R. I. cap. 204, § 22, requires that in order to entitle her to sue for the money, she should have first made a complaint for the crime and had process issued on the complaint. This she did not do. The court, therefore, properly directed a verdict for the defendants.

The petition for a new trial is denied and dismissed, and the case remitted to the Common Pleas Division, with direction to enter judgment on the verdict.

Crowley v. Burke, 38 A. 895, 20 R.I. 793, 1894 R.I. LEXIS 95 (R.I. 1894).

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