§ 10-17-18. Dismissal of person served who holds no property.
If it shall appear by the disclosure that the person who or partnership or corporation which had been served as trustee with a copy of such writ, had not any of the personal estate of the defendant in his, her, or its hands, then the action or suit shall be dismissed, and the trustee who shall appear to defend the action shall recover the costs, unless the court has acquired personal jurisdiction over the defendant.
History of Section.C.P.A. 1905, § 589; G.L. 1909, ch. 301, § 23; G.L. 1923, ch. 351, § 23; G.L. 1938, ch. 550, § 14; G.L. 1956, § 10-17-18; P.L. 1966, ch. 1, § 15.
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.