King v. McElroy

Supreme Court of Rhode Island

King v. McElroy

55 A. 638, 25 R.I. 222, 1903 R.I. LEXIS 50

CourtSupreme Court of Rhode Island

DecidedJune 5, 1903

StatusPublished

Cited by1 cases

This text of 55 A. 638 (King v. McElroy) is published on Counsel Stack Legal Research, covering Supreme 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

King v. McElroy, 55 A. 638, 25 R.I. 222, 1903 R.I. LEXIS 50 (R.I. 1903).

Pincite

Opinion

Per Curiam.

(1) The court is of the opinion that the service of the writ in this case upon the insurance commissoner of Rhode Island was not a legal attachment of money in the hands of the John Hancock Mutual Life Insurance Company of Boston, Massachusetts. See Sheffield v. Barber, 14 R. I. 263.

(2) The amendment asked for, in the absence of consent of-parties, would necessitate further service of process, and the same result was attainable by the plaintiff by the issuing of a writ of .mesne process, under Gen. Laws cap. 252, § 17. The motion to amend was therefore properly denied by the District Court.

Exceptions overruled, and case remanded to the District Court of the Sixth Judicial District.

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Per Curiam.

(1) The court is of the opinion that the service of the writ in this case upon the insurance commissoner of Rhode Island was not a legal attachment of money in the hands of the John Hancock Mutual Life Insurance Company of Boston, Massachusetts. See Sheffield v. Barber, 14 R. I. 263.

(2) The amendment asked for, in the absence of consent of-parties, would necessitate further service of process, and the same result was attainable by the plaintiff by the issuing of a writ of .mesne process, under Gen. Laws cap. 252, § 17. The motion to amend was therefore properly denied by the District Court.

Exceptions overruled, and case remanded to the District Court of the Sixth Judicial District.

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Bluebook (online)

55 A. 638, 25 R.I. 222, 1903 R.I. LEXIS 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-mcelroy-ri-1903.

Opinion

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