Citation Numbers: 11 R.I. 433
Judges: DURFEE, C.J.
Filed Date: 2/17/1877
Status: Precedential
Modified Date: 1/13/2023
The opinion of the court is, that if the plaintiffs wish to participate in the estate in process of settlement in the Probate Court, in common with the other creditors, they must discontinue their action in this court *Page 434
and proceed before the commissioners as other creditors proceed. They cannot, if the defendant objects, proceed at once in both tribunals; nor can they, if he objects, proceed to judgment in this court, and have the amount of it allowed in, or added to, the commissioners' report. This we think is apparent from an examination of the different sections of the statute. Gen. Stat. R.I. cap. 175, §§ 11, 12, 16, and 18. See also the dictum of Ames, C.J., in Irons's Administratrix v. Irons,