Duhaime v. Monast

Supreme Court of Rhode Island

Duhaime v. Monast

40 A. 377, 20 R.I. 524, 1898 R.I. LEXIS 107

Supreme Court of Rhode Island·Decided May 13, 1898·Published

Opinion

Per Curiam.

Upon this petition it appears that service of the writ, in the ca,se for which a trial is asked, was not made upon the defendants, and that they had no notice of the suit. *525 The petitioners do not contradict the return of the officer, but supplement it by facts which show that no legal service of the writ was made, on account of which judgment was rendered against them by default. This entitles them to a trial.

Addarcl Archambault and Alphonse Gaulin, Jr., for plaintiff. Hugh J. Carroll, for defendants.

Case remitted to the District Court of the Tenth Judicial District for trial.

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Per Curiam.

Upon this petition it appears that service of the writ, in the ca,se for which a trial is asked, was not made upon the defendants, and that they had no notice of the suit. *525 The petitioners do not contradict the return of the officer, but supplement it by facts which show that no legal service of the writ was made, on account of which judgment was rendered against them by default. This entitles them to a trial.

Addarcl Archambault and Alphonse Gaulin, Jr., for plaintiff. Hugh J. Carroll, for defendants.

Case remitted to the District Court of the Tenth Judicial District for trial.

Duhaime v. Monast, 40 A. 377, 20 R.I. 524, 1898 R.I. LEXIS 107 (R.I. 1898).

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