Johnson v. Hoxsie
This text of 36 A. 720 (Johnson v. Hoxsie) 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.
Opinion
We are of the opinion that the court below erred in holding that it had no power to permit the defendant to file out of time the affidavit of defence required by Gen. Laws E. I. cap. 239, § 14. Gen. Laws E. I. cap. 246, § 2, gives the court power to set aside a default at any time within six months, to reinstate the case or make a new entry, and to ' take other proceedings. It would be of little avail to a defendant to have a default set aside and the case reinstated unless he could be permitted to make a defence, which he could not do without having been allowed an extension of time to file his affidavit of defence.
It has always been the practice to permit a defendant to be heard on the question of the assessment of damages in a defaulted case.
Exceptions sustained, and case remitted to the District Court of the Fourth Judicial District for further proceedings.
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Cite This Page — Counsel Stack
36 A. 720, 19 R.I. 703, 1897 R.I. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-hoxsie-ri-1897.