Whipple v. Babcock

Supreme Court of Rhode Island

Whipple v. Babcock

30 A. 464, 18 R.I. 611, 1894 R.I. LEXIS 70

DecidedJune 5, 1894

StatusPublished

This text of 30 A. 464 (Whipple v. Babcock) 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

Whipple v. Babcock, 30 A. 464, 18 R.I. 611, 1894 R.I. LEXIS 70 (R.I. 1894).

Pincite

Opinion

Pee Curiam.

The court is of the opinion that the injunction should be granted. Pub. Stat. R. I. cap. 237, § 13, authorizes the receiver appointed under its provisions to take ‘ ‘ possession of all property .... of the debtor, including estate and property attached or levied on, within sixty days prior to the filing of said petition,” &c. It is the date of the filing of the petition, not the service of process on it, which determines the right of the receiver.

The proceeding is under the control of the court. If a petitioner unnecessarily delays to make service of process, the court on due notice to parties interested, and on motion by any person injured by the delay, may require that service should be made within a specified time, and in default of compliance with such requirement, may order the petition to be dismissed.

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Pee Curiam.

The court is of the opinion that the injunction should be granted. Pub. Stat. R. I. cap. 237, § 13, authorizes the receiver appointed under its provisions to take ‘ ‘ possession of all property .... of the debtor, including estate and property attached or levied on, within sixty days prior to the filing of said petition,” &c. It is the date of the filing of the petition, not the service of process on it, which determines the right of the receiver.

The proceeding is under the control of the court. If a petitioner unnecessarily delays to make service of process, the court on due notice to parties interested, and on motion by any person injured by the delay, may require that service should be made within a specified time, and in default of compliance with such requirement, may order the petition to be dismissed.

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Bluebook (online)

30 A. 464, 18 R.I. 611, 1894 R.I. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whipple-v-babcock-ri-1894.