Stephanian

Supreme Court of Rhode Island

Stephanian

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

DecidedJanuary 4, 1904

StatusPublished

This text of 56 A. 1034 (Stephanian) 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

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

Pincite

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, *542 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.

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