OPINION
POWERS, Justice.
This is an action of trespass for assault and for quare clausam fregit. The plaintiff, acting sui juris, commenced the action with the issuance of a writ of summons on July 29, 1963, more than a year after he had been judicially determined to be legally incompetent. See State v. Genereux, 95 R.I. 292,
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