Spalding v. Bainbridge
Cases that cite this one
7 later published cases cite this decision.
- Kennedy v. Cumberland Engineering Co., Inc. (R.I. 1984)
- Topaz Johnson v. Hdsp (9th Cir. 2025)
- Waite v. Utah Labor Comm'n (Utah 2017)
- Gerace v. Bentley (Superior Court of The Virgin Islands 2015)
- Pitre v. Curhan, 00-0053 (2001) (Superior Court of Rhode Island 2001)
- Silvestro v. Almonte (R.I. 1984)
- Fuller v. State of California (Cal. Ct. App. 1969)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendant moves that the plaintiff be required to give surety for costs. It is conceded that the plaintiff is too poor to procure a surety. The defendant, nevertheless, insists that under Gen. Stat. R. I. cap. 195, § 26, he is entitled to an order in accordance with his motion. We do not think that the statute, though peremptory in its terms, requires us to make the order in a case like the present. Such an order would be of no benefit to the defendant unless we should dismiss the suit for non-compliance with it. This the statute, Gen. Stat. R. I. cap. 195, § 27, does not compel us to do, but plainly leaves in our discretion. We certainly should not dismiss the suit, if it clearly appeared that the noncompliance was because of the plaintiff’s inability on account of poverty. To dismiss the suit in such a case would practically *245 amount to a denial of justice and would be inconsistent with the Constitution. Constitution of R. I. Art. 1, § 5.
We think, however, that before the defendant is put to the expense of making his defence, the plaintiff should be required to satisfy us, by affidavit or otherwise, that he has probable cause of action. Motion dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.