§ 10-13-25 Party deemed creditor –
Effect of executions subsequent to oath. –
The person to whom the debt appears, by the process, to belong at the time
complaint is made, shall be deemed the creditor within the meaning of the
provisions of this chapter. Neither the commitment of the prisoner, nor his or
her discharge, shall be a satisfaction of the debt for which he or she was
committed. If committed on execution, the plaintiff may take out another
execution, which shall not, however, run against the body of the defendant. If
suit is brought on the judgment, execution in the suit shall not run against
the body of the defendant, nor shall the defendant be held to bail on the writ
in such case. If the defendant is committed on mesne process, when he or she
receives a certificate as provided in § 10-13-23, if that fact is shown by
plea to the court before which the action is pending, then execution shall not
issue against the body of the defendant, but in all such cases execution shall
issue against the goods and chattels and real estate of the defendant.
(G.L. 1896, ch. 260, § 23; C.P.A. 1905, § 1234; G.L. 1909, ch. 326,
§ 23; G.L. 1923, ch. 377, § 23; G.L. 1938, ch. 563, § 23; G.L.
1956, § 10-13-25; P.L. 1997, ch. 326, § 96.)