§ 34-15-10. Summons of party omitted from original process.

173 words·~1 min read·/ri/title-34-property/chapter-15-partition/34-15-10·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In any action for partition, if any person who ought to be a party to the action is omitted, the action shall not be thereby abated; but if the omission of the party is pleaded, a summons shall issue to the person thus omitted, which summons shall be served in the manner prescribed by law at least twenty

(20)days before trial, and the person may come in and defend in the same manner as though he or she had been originally made a party to the action, and if the person thus summoned appears or neglects to appear, his or her name may be inserted in the process by the court, and judgment shall be rendered in the action in the same manner as if the person had been originally a party.

History of Section.

G.L. 1896, ch. 265, § 10; G.L. 1909, ch. 330, § 10; G.L. 1923, ch. 381, § 10; G.L. 1938, ch. 586, § 10; G.L. 1956, § 34-15-10.