Reports of Cases Argued and Determined in the Supreme Court of Rhode Island Volume 19

Reports of Cases Argued and Determined in the Supreme Court of Rhode Island Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...or by operation of law, such real estate is converted into money for the purpose of better investment, or for any other purpose consistent with the design and purpose of the ultimate destination to which the real estate was appropriated, there the money is substituted for, and stands in the place of the devised real estate, and shall go to the same persons and in the same proportions, and vest in possession and enjoyment at the same times and upon the same contingencies, which would have affected the real estate, had it remained specifically in real estate." We decide that the fund in question is to be deemed principal and not income of the trust estate. Charles E. German, for complainant. Samuel Ames, for himself as trustee. Nathan H. Truman, for the other respondents. JoHN C. CoNLEY vs. FRANK BRYANT. Under the Judiciary Act, cap. 17, 3, where a defendant has entered his appearance in a case in a district court, the plea of the general issue must be deemed to have been filed and to be a part of the record in the case, not only while it remains in the district court, but also in the Common Pleas Division when it has been certified to that division on the defendant's claim for a jury trial. DEFENnANT's petition for a new trial. March 18, 1896. PER CURIAM. We think the Common Pleas Division erred in holding that the defendant could not avail himself of defences under the general issue because no plea of the general issue had actually been filed in the case. Judiciary Act, cap. 17, 3, ' provides that the entry of appearance of the defendant in a case in a district court shall be equivalent to filing a plea of the general issue. This being so, the defendant's entry of appearance in the District Court...show more

Product details

  • Paperback | 320 pages
  • 189 x 246 x 17mm | 572g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236975626
  • 9781236975621