§ 10-5-18. Reduction of damages or partial release of property.
If the defendant in any writ shall deem the damages stated in the writ excessive, or if the property, either real or personal, held under any attachment, shall greatly exceed in value the amount of the damages stated in the writ, the defendant may, at any time before final judgment or decree, complain in writing to any justice of the court to which the writ is returnable, or to the superior court if the writ shall be pending in the superior court upon appeal from a district court, requesting the reduction of the amount of the damages or a release of a portion of the property attached; and the justice or court may, after due notice to the plaintiff in the writ, or to his or her attorney, and upon cause shown, order the damages to be reduced, or a part of the property attached to be released.
History of Section.C.P.A. 1905, § 543; G.L. 1909, ch. 300, § 21; G.L. 1923, ch. 350, § 21; G.L. 1938, ch. 547, § 10; P.L. 1942, ch. 1142, § 1; G.L. 1956, § 10-5-18.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Section 10-5-1. - “Trustee” defined.
Section 10-5-3, 10-5-4. - Repealed.
Section 10-5-5. - Writ of attachment after filing of equitable complaint.
Section 10-5-6. - Writ in tort action against nonresident.
Section 10-5-7. - Classes of property named in writ.
Section 10-5-9. - Method of attaching real estate.
Section 10-5-10. - Value of goods attached.
Section 10-5-11. - Service of writ on defendant.
Section 10-5-12. - Custody of attached goods.
Section 10-5-13. - Defendant’s bond.
Section 10-5-14. - Reduction of damages before bond.
Section 10-5-15. - Filing of bond and delivery of property to defendant.
Section 10-5-16. - Surrender of attached goods on defendant’s bond.
Section 10-5-17. - Release of real estate on bond.
Section 10-5-17.1. - Discharge of sheriff’s bond for want of action.
Section 10-5-18. - Reduction of damages or partial release of property.
Section 10-5-19. - Attachment of corporate stock or trust estate.
Section 10-5-20. - Account rendered by corporate officer.
Section 10-5-21. - Filing of officer’s account — Certification.
Section 10-5-22. - Defendant’s bond on corporate stock or trust estate.
Section 10-5-23. - Release of stock or trust estate on acceptance of bond by officer.
Section 10-5-24. - Release of stock or trust estate by plaintiff.
Section 10-5-25. - Liens and claims on stock preserved.
Section 10-5-26. - Attachment of mortgaged personal property.
Section 10-5-27. - Sale of mortgaged property.
Section 10-5-28. - Proceeds of sale of mortgaged property.
Section 10-5-29. - Redemption of mortgage by plaintiff in attachment.
Section 10-5-30. - Defeat of attachment by failure to sell or redeem from mortgage.
Section 10-5-32. - Surety on defendant’s bond — Lien on surety’s real estate.
Section 10-5-33. - Inventory included in return of writ.
Section 10-5-34. - Subsequent attachments of other property.
Section 10-5-35. - Application to sell perishable property or property expensive to keep.
Section 10-5-36. - Sale of perishable property or property expensive to keep.
Section 10-5-37, 10-5-38. - Repealed.
Section 10-5-39. - Charges for attested copies restricted to charge for one person.
Section 10-5-40. - Attested copies on demand — Fee.
Section 10-5-41. - Time of attachment shown in return.
Section 10-5-42. - Appointment of receiver — Effect on attachment.
Section 10-5-43. - Prerequisites to dismissal of receivership.
Section 10-5-44. - Dissolution of attachment of real property for want of action.
Section 10-5-45. - Dissolution of attachment for failure to file complaint.
Section 10-5-46. - Dissolution of attachment of real estate after 20 years.