National Niantic Bank v. Adams Express Co.

Supreme Court of Rhode Island

National Niantic Bank v. Adams Express Co.

15 A. 763, 16 R.I. 343, 1888 R.I. LEXIS 58

DecidedOctober 4, 1888

StatusPublished

This text of 15 A. 763 (National Niantic Bank v. Adams Express Co.) 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

National Niantic Bank v. Adams Express Co., 15 A. 763, 16 R.I. 343, 1888 R.I. LEXIS 58 (R.I. 1888).

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Opinion

Per Curiam.

This is an action of assumpsit to which the defendants have pleaded in abatement the nonjoinder of other joint promisors. The plea is not accompanied by any affidavit to its truth. The plaintiff moves that it be stricken out for want of such an affidavit. We think the motion must be denied. The plea is not of the kind which requires an affidavit at common law, and the -English practice requiring affidavits generally to pleas in abatement which, depends on 4 Anne, cap. 16, § 11, has never, to our knowledge, prevailed in this State. The Statute 4 Anne, cap. 16, § 11, is not among the statutes declared to be in force by the act of A. D. 1749. We have no statute nor rule of court requiring an affidavit as some other states have.

Motion dismissed.

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Per Curiam.

This is an action of assumpsit to which the defendants have pleaded in abatement the nonjoinder of other joint promisors. The plea is not accompanied by any affidavit to its truth. The plaintiff moves that it be stricken out for want of such an affidavit. We think the motion must be denied. The plea is not of the kind which requires an affidavit at common law, and the -English practice requiring affidavits generally to pleas in abatement which, depends on 4 Anne, cap. 16, § 11, has never, to our knowledge, prevailed in this State. The Statute 4 Anne, cap. 16, § 11, is not among the statutes declared to be in force by the act of A. D. 1749. We have no statute nor rule of court requiring an affidavit as some other states have.

Motion dismissed.

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Bluebook (online)

15 A. 763, 16 R.I. 343, 1888 R.I. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-niantic-bank-v-adams-express-co-ri-1888.