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19 R.I. 722

36 A 839

Duke v. Morreau

Supreme Court of Rhode Island

Decided February 18, 1897

Supreme Court of Rhode Island · decided 1897-02-18

<p>Plaintiff's writ commanded the attachment of the defendant’s personal estate in the hands or possession of “Estate of J. W. M.” as the trustee of said defendant.</p> <p>Held, that an estate is not a person, copartnership or corporation, and is incapable of having any service made upon it. _</p> <p>Held, further, that a trustee, whether strictly a party to the suit or not, must be • described with the same certainty as if a party.</p>

Cited by 1 later decisions — most recently June 1938

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1897-02-18

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Pee Cuéiam.

¶1 The statute authorizes the service of a writ of attachment on the personal estate of a defendant in the hands or possession of any person, co-partnership or corporation, as his trustee. The writ in the present case was directed to he served on the estate of John W. Manchester. An estate is not a person, copartnership or corporation, and is incapable of having any service made upon it. A trustee, whether strictly a party to the suit or not, must be described with the same certainty as if a party. We are of the opinion, therefore, that there was no service of the writ in this case by way of trustee process.

¶2 Exceptions sustained, and case remitted to the District Court of the Fourth Judicial District.

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