§ 10-17-6. Summons of garnishee as witness.
(a) In any action where money or other property shall have been trusteed in the hands of a person, firm, or corporation, the person signing the garnishee’s answer may be summoned by either party at any time before final judgment and subjected to examination and cross-examination upon all matters relating to or connected with the facts set forth in the answer, and evidence may be introduced to contradict the testimony of that person.
(b) A person summoned as provided in subsection (a) shall be entitled to an attendance fee of three dollars ($3.00) and lawful mileage, and unless summoned in the manner set forth in subsection (a), the answer sworn to by a trustee shall be deemed true in deciding how far the trustee is chargeable.
History of Section.C.P.A. 1905, § 578; P.L. 1907, ch. 1432, § 1; G.L. 1909, ch. 301, § 12; G.L. 1923, ch. 351, § 12; G.L. 1938, ch. 550, § 3; G.L. 1956, § 10-17-6.
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.