McKenna v. Bates

Supreme Court of Rhode Island

McKenna v. Bates

36 A. 1133, 19 R.I. 610, 1896 R.I. LEXIS 110

CourtSupreme Court of Rhode Island

DecidedOctober 3, 1896

DocketDemurrer, No. 105.

StatusPublished

Cited by2 cases

This text of 36 A. 1133 (McKenna v. Bates) 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

McKenna v. Bates, 36 A. 1133, 19 R.I. 610, 1896 R.I. LEXIS 110 (R.I. 1896).

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Opinion

The plaintiff’s claim for damages in this suit was presented to the board of aldermen of Pawtucket, and not to the city council as required by Pub. Stat. R. I. cap. 34, § 12. In Whalen v. Bates, Index RR. 105, we held that such a presentation of a claim was not a compliance with the statute. That case is decisive of the present.

Demurrer sustained, and case remitted to the Common Pleas Division with direction to enter judgment for the defendant for costs.

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The plaintiff’s claim for damages in this suit was presented to the board of aldermen of Pawtucket, and not to the city council as required by Pub. Stat. R. I. cap. 34, § 12. In Whalen v. Bates, Index RR. 105, we held that such a presentation of a claim was not a compliance with the statute. That case is decisive of the present.

Demurrer sustained, and case remitted to the Common Pleas Division with direction to enter judgment for the defendant for costs.

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Bluebook (online)

36 A. 1133, 19 R.I. 610, 1896 R.I. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckenna-v-bates-ri-1896.

Opinion

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