Stephanian , 25 R.I. 541 ( 1904 )

This case is ruled by Carroll v. Sheehan, 12 R.I. 218. There it was held that a writ could not be served by an officer who was a party to it.

In the case before us the officer who served the execution, which, while not an original precept, is of course a writ, is a party to the action, and hence clearly disqualified from serving any precept therein.

The commitment of the petitioner was therefore illegal, and a writ of habeas corpus is granted, as prayed.