56 A. 1034
Supreme Court of Rhode Island. PROVIDENCE.
January 4, 1904.
PRESENT: Stiness, C.J., Tillinghast and Douglas, JJ.
(1) Officers. Executions.
An officer who is a party to the action is disqualified from serving the execution therein.
PETITION for writ of habeas corpus. Heard and granted.
PER CURIAM.
This case is ruled by Carroll v. Sheehan, 12 R.I. 218. There it was held that a writ could not be served by an officer who was a party to it.
In the case before us the officer who served the execution,
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which, while not an original precept, is of course a writ, is a party to the action, and hence clearly disqualified from serving any precept therein.
The commitment of the petitioner was therefore illegal, and a writ of habeas corpus is granted, as prayed.
A.J. Cushing Frank H. Wildes, for petitioner.
James A. Williams, for respondent.