Kottis v. Cerilli
Kottis v. Cerilli
Opinion of the Court
ORDER
This case came .before the court for oral argument pursuant to an order which had
“[a] court having jurisdiction over a defendant or his assets, including his personal estate or real estate, may authorize a plaintiff to attach same, or any part thereof, after hearing on a motion to attach, notice of which has been given to the defendant as herein provided. At the time of the commencement of the action, or at any time thereafter, a plaintiff must file a motion in said court for authority to attach said defendant’s assets, including his personal or real estate, and the said motion must state the day, time, and place of hearing * * *.”
Nothing contained in § 10-5-2(c) absolves a plaintiff from this statutory imperative.
Consequently, the trial justice was correct in vacating attachments which had been made without permission of the court pursuant to notice and hearing.
Therefore, the plaintiffs’ appeal is denied and dismissed, the order of the Superior Court is affirmed.
Reference
- Full Case Name
- John G. KOTTIS v. Benedetto CERILLI, Jr.
- Status
- Published