Stephanian

56 A. 1034, 25 R.I. 541, 1904 R.I. LEXIS 127

Opinion

Per Curiam.

This case is ruled by Carroll v. Sheehan, 12 R. I. 218. There it was held that a writ could not be served by an officer who was-a party to it.

In the case before us the officer who served the execution, which, while not an original precept, is of course a writ, is a party to the action, and hence clearly disqualified from serving any precept therein.

A. J. Cushing & Frank H. Wildes, for petitioner. James A. Williams, for respondent.

The commitment of the petitioner was therefore illegal, and a writ of habeas corpus is granted, as prayed.