Reports of Cases Argued and Determined in the Supreme Court of Rhode Island Volume 31 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1911 Excerpt: ... pay him on demand; but the duty to pay the complainant dividends and income of the estate which they have collected is in no wise to be prejudiced by the fact that the respondents may have devoted the complainant's property to other purposes. If they have done so, they must reimburse him from their individual estates, and can not be heard to claim that they have none of the trust income now available therefor.. The respondents and each of them are adjudged to be in contempt and that they may purge themselves of that contempt by the payment of the amount named in the decree aforesaid, with interest thereon from the date of the decree, within sixty days, together with the costs of this application." The time thus given to McAuslan to pay and to purge himself of contempt by the leniency of the court expired on March 10, 1909. Meanwhile, it is undisputed that McAuslan had gone to Burlington, in the State of Vermont, in which place he was conducting and managing a store. From information which came to the counsel of the plaintiff it clearly appears that such removal was believed to be a permanent removal for the purpose of avoiding the decree aforesaid. Mr. Gerald's affidavit sets forth, "I had not the least doubt after reading the affidavit of Frank A. Tillinghast that Mr. McAuslan had gone to Burlington to live, for the purpose of avoiding performance of the decree, and I believe that Frank A. Tillinghast's affidavit alone was sufficient to make it my duty, if Mr. McAuslan came to Providence, to lay the papers before the court and ask for the writ," and upon later hearing that McAuslan was in Providence he laid all the facts in his possession before the Superior Court in the form of affidavits in support of an application for a writ of ne exeat. It is not cla...