Martin Watson v. Hutchens

Supreme Court of Rhode Island

Martin Watson v. Hutchens

43 A. 70, 21 R.I. 258, 1899 R.I. LEXIS 41

DecidedApril 3, 1899

StatusPublished

This text of 43 A. 70 (Martin Watson v. Hutchens) 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

Martin Watson v. Hutchens, 43 A. 70, 21 R.I. 258, 1899 R.I. LEXIS 41 (R.I. 1899).

Pincite

Opinion

Per Curiam.

(1) The death of the defendant did not abate the action. Sprague v. Greene, 20 R. I. 153; Gen. Laws R. I. cap. 233, §§ 7, 8. As the steps required by Gen. Laws R. I. cap. 251, § 6, had not been taken, in that no petition for a new trial had been filed, under the third clause of that section, at the death of the defendant, nor by his administrator after his appointment, we think the plaintiffs were entitled to judgment against the estate in the hands of the administrator, in accordance with their motion. The remedy for the administrator, if he desires .a new trial and can make it appear that a new trial should be had, is under Gen. Laws R. I. cap. 251, § 2.

The case is remitted to the Common Pleas Division with ■direction to enter judgment for the plaintiffs on the verdict against the estate in the hands of the administrator.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

(1) The death of the defendant did not abate the action. Sprague v. Greene, 20 R. I. 153; Gen. Laws R. I. cap. 233, §§ 7, 8. As the steps required by Gen. Laws R. I. cap. 251, § 6, had not been taken, in that no petition for a new trial had been filed, under the third clause of that section, at the death of the defendant, nor by his administrator after his appointment, we think the plaintiffs were entitled to judgment against the estate in the hands of the administrator, in accordance with their motion. The remedy for the administrator, if he desires .a new trial and can make it appear that a new trial should be had, is under Gen. Laws R. I. cap. 251, § 2.

The case is remitted to the Common Pleas Division with ■direction to enter judgment for the plaintiffs on the verdict against the estate in the hands of the administrator.

Cite This Page — Counsel Stack

Bluebook (online)

43 A. 70, 21 R.I. 258, 1899 R.I. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-watson-v-hutchens-ri-1899.