Del Monico v. McGovern

Superior Court of Rhode Island

Del Monico v. McGovern

7 R.I. Dec. 73

CourtSuperior Court of Rhode Island

DecidedDecember 12, 1930

DocketNo. 84719

StatusPublished

This text of 7 R.I. Dec. 73 (Del Monico v. McGovern) 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

Del Monico v. McGovern, 7 R.I. Dec. 73 (R.I. Ct. App. 1930).

Pincite

Opinion

HAHN, J.

Tbis is a motion to dismiss an action of replevin on the grounds that the Court (1) is without jurisdiction because the value of the goods replevied is not set forth, and (2) that the- bond is defective.

The plaintiff does not dispute these facts but asks to be allowed to amend the writ by adding the value of the goods and by correcting the bond.

The statement of the value is necessary in order to show that the Court before which the writ is returnable has jurisdiction.

Mack Motor Co. vs. Dorsey, 45 R. I. 65.

Defective bonds can not be amended. Simpson vs. Wilcox, 18 R. I. 40.

Motion to dismiss is granted.

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