Chapdelaine v. Handy

Supreme Court of Rhode Island

Chapdelaine v. Handy

30 A. 342, 18 R.I. 706

DecidedOctober 25, 1894

StatusPublished

This text of 30 A. 342 (Chapdelaine v. Handy) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chapdelaine v. Handy, 30 A. 342, 18 R.I. 706 (R.I. 1894).

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Opinion

Per Curiam.

It is alleged in the petition and conceded by the counsel for the respondents that the order setting aside the judgment in the court below and reinstating the case for trial was without notice to the petitioner who was the plaintiff in the judgment. This being so, we are of the opinion that the court had no jurisdiction under the Judiciary Act, cap. 26, § 2, to make the order, the words “with proper notice to the parties,” applying to the clause in relation to setting aside a judgment and reinstat *707 ing the case, as well as to the clause in relation to making a new entry of the case and the taking of other proceedings.

Christopher M. Lee & Frank W. Tillinghast, for petitioner. John W. Hogan, contra.

Petition granted and writ ordered to issue.

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Per Curiam.

It is alleged in the petition and conceded by the counsel for the respondents that the order setting aside the judgment in the court below and reinstating the case for trial was without notice to the petitioner who was the plaintiff in the judgment. This being so, we are of the opinion that the court had no jurisdiction under the Judiciary Act, cap. 26, § 2, to make the order, the words “with proper notice to the parties,” applying to the clause in relation to setting aside a judgment and reinstat *707 ing the case, as well as to the clause in relation to making a new entry of the case and the taking of other proceedings.

Christopher M. Lee & Frank W. Tillinghast, for petitioner. John W. Hogan, contra.

Petition granted and writ ordered to issue.

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Bluebook (online)

30 A. 342, 18 R.I. 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapdelaine-v-handy-ri-1894.