N. Angell Son v. Charles L. Bowler

Supreme Court of Rhode Island

N. Angell Son v. Charles L. Bowler

3 R.I. 77

DecidedSeptember 6, 1854

StatusPublished

This text of 3 R.I. 77 (N. Angell Son v. Charles L. Bowler) 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

N. Angell Son v. Charles L. Bowler, 3 R.I. 77 (R.I. 1854).

Pincite

Opinion

Staples, C. J.

The officer’s return is conclusive, and *78 cannot be controverted incidentally by motion or plea, except in cases specially provided for by statute. Errors apparent on the record can be taken advantage of by motion as well as plea. But it never has been permitted for a defendant to falsify the record by his affidavit, and then take advantage of an error thus made apparent.

Motion overruled.

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Staples, C. J.

The officer’s return is conclusive, and *78 cannot be controverted incidentally by motion or plea, except in cases specially provided for by statute. Errors apparent on the record can be taken advantage of by motion as well as plea. But it never has been permitted for a defendant to falsify the record by his affidavit, and then take advantage of an error thus made apparent.

Motion overruled.

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Bluebook (online)

3 R.I. 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/n-angell-son-v-charles-l-bowler-ri-1854.