18 A. 982 | R.I. | 1889
This is trespass on the case in tort for falsely and deceitfully warranting the soundness of a horse. The declaration alleges that the defendant gave the warranty knowing the horse to be unsound. The defendant asked the court below to rule that the plaintiff must prove this allegation in order to recover. The court refused, and, following the decision of this court in Place
v. Merrill,
We may add that it was not until after this action was brought that the new law was enacted.1 Exceptions overruled.
"Whenever any person shall be imprisoned for want of bail in any civil action, or upon surrender or commitment by bail in any such action, or for nonpayment of any military fine or state or town tax, or on execution in any civil action, except on executions awarded in actions on penal statutes or on bonds given in pursuance of the provisions of this chapter, or in any action of trover, all actions of trespass on the case, any action of detinue or trespass other than trespass quare clausum fregit, in which title to the close was in dispute, and trespass and ejectment, or in an action prosecuted by bail against his principal, the sheriff or keeper of the jail may grant such person a chamber or lodging in any of the houses or apartments belonging to such jail, and liberty of the yard within the limits thereof, upon reasonable payment to be made for chamber room, and upon bond being given by such person as hereinafter provided."
November 23, 1889, the court ruled that each of the defendants acquitted is entitled to full costs of the court, and to the money paid by him for witness and officer's fees on summons before acquittal, upon proof of payment by affidavit.