Rowley v. Nichols

14 R.I. 14, 1882 R.I. LEXIS 6

Opinion

Pee Cueiam.

The record finds, as a matter of fact, that up to the time the execution was returned the defendant in it was avoiding service. It follows that the exceptions must be overruled unless the return was prematurely made ; for after due return the execution was functus officio. We think the return was valid. Under our statutes, executions issued by the Supreme Court or Court of Common Pleas are returnable at the next succeeding term, which means, as the forms prescribed show, that they are returnable on the first day of the term. It is true the officer is allowed five days longer, but in our opinion the allowance is for his convenience, and does not invalidate a return at the earliest moment. Pub. Stat. R. I. cap. 222, § 9. Here the return was made the first day until which, the record shows, the execution defendant was avoiding service.

Exceptions overruled.