Grove v. Gardiner

76 A. 178, 30 R.I. 477, 1910 R.I. LEXIS 46

• Court: Supreme Court of Rhode Island
• Decided: June 9, 1910
• Status: Published

Opinion

Per Curiam.

Irregularities and defects in the replevin writ and bond, to which the defendant might have called the attention of the court by suitable objection seasonably made, have been waived by his proceeding to trial on the merits of the case, without objection. See Kimball Company v. Tasca, 26 R. I. 565.

The plaintiff's exceptions are without merit.

The issues of fact raised by the pleadings were properly submitted to the jury with suitable instructions by the judge-of the Superior Court who presided at the trial, and the verdict of the jury has been approved by him. In these circumstances the case is governed by that of Wilcox v. Rhode Island Company, 29 R. I. 292.

James F. Murphy, for plaintiff. Page & Cushing, for defendant.

The plaintiff’s exceptions are therefore overruled, and the case is remitted to the Superior Court with direction to enter judgment on the verdict.