§ 10-17-15. Liability on failure to render account — Action against trustee.
If any person, co-partnership or corporation, served as trustee with a copy of a writ, shall refuse or neglect to render, on oath, the account required by § 10-17-2, of what personal estate of the defendant the trustee had in his or her hand at the time of the service of the copy, the trustee shall be charged to the amount of the judgment or decree, if any, rendered against the defendant in the suit; or, if no judgment is so rendered because of want of service upon the defendant, then, the trustee shall be charged to the amount of the just claim or demand which the plaintiff may show against the defendant to the satisfaction of the court. The amount for which the trustee is charged may be recovered by a civil action against him or her, except as otherwise provided in § 9-25-24.
History of Section.C.P.A. 1905, § 586; G.L. 1909, ch. 301, § 20; P.L. 1917, ch. 1490, § 2; G.L. 1923, ch. 351, § 20; G.L. 1938, ch. 550, § 11; G.L. 1956, § 10-17-15; P.L. 1965, ch. 55, § 58.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Chapter 10-17 - Trustee Process
Section 10-17-1. - “Trustee” defined.
Section 10-17-2. - Account by trustee as to attached property.
Section 10-17-3. - Oath to account — Certified copy.
Section 10-17-4. - Time of filing account.
Section 10-17-5. - Surrender of property to officer.
Section 10-17-6. - Summons of garnishee as witness.
Section 10-17-7. - Amount with which trustee charged — Action against trustee.
Section 10-17-8. - Suits against separate trustees.
Section 10-17-9. - Satisfaction by trustee after judgment against defendant.
Section 10-17-10. - Delivery of specific articles on execution.
Section 10-17-11. - Delivery of money to court before judgment.
Section 10-17-12. - Discharge of trustee by surrender or delivery.
Section 10-17-13. - Determination as to whether trustee is chargeable.
Section 10-17-14. - Liability of trustee for false answers.
Section 10-17-15. - Liability on failure to render account — Action against trustee.
Section 10-17-16. - Joint action against trustees failing to account.
Section 10-17-17. - Defense in name of defendant.
Section 10-17-18. - Dismissal of person served who holds no property.
Section 10-17-19. - Intervention by other claimant of estate.
Section 10-17-20. - Questions of fact on additional allegations.