Supreme Court of Rhode Island, 1882

Clark v. Wilson

Clark v. Wilson
Supreme Court of Rhode Island · Decided October 12, 1882 · PER CURIAM.
14 R.I. 13; 1882 R.I. LEXIS 5

Clark v. Wilson

Opinion of the Court

Pee Cubiam.

The only question raised by the exception is, whether, under Gen. Stat. R. I. cap. 196, §§ 16, 18, corresponding to Pub. Stat. R. I. cap. 207, §§ 16 and 18, an officer, who has attached goods on original writ or mesne process and removed them to another place within his precinct for keeping, is bound to return them to the place from which he removed them on receiving the bond provided for by § 16. We think he is not. The statute only says he shall “ surrender ” them. To surrender means to relinquish or give up, and it means nothing more, unless the meaning is extended by construction. We do not see any reason for extending it; for the right to give the bond is a privilege accorded to the defendant, which he is at liberty *14 either to accept or refuse, but wbicb, if be does accept, be must accept cum onere. Exceptions overruled.

Hugh, J. Oarroll, for plaintiff. William H. Olapp, for defendant.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.