McCotter v. Town Council

Supreme Court of Rhode Island

McCotter v. Town Council

44 A. 473, 21 R.I. 425, 1899 R.I. LEXIS 93

DecidedOctober 4, 1899

StatusPublished

This text of 44 A. 473 (McCotter v. Town Council) 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

McCotter v. Town Council, 44 A. 473, 21 R.I. 425, 1899 R.I. LEXIS 93 (R.I. 1899).

Pincite

Opinion

Per Curiam.

(1) Our opinion is that, as 'the appeal bond failed to reach the clerk within the period prescribed by law, the appeal was not complete. As the failure was apparently due to accident, we think the appellant’s remedy is by petition for new trial under -the statute. We think that the order of removal made by the Common Pleas Division was erroneous. ¶

Appellee’s petition for new trial granted, and case remitted to the Common Pleas Division with direction to vacate its order of removal and to dismiss the proceeding.

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Per Curiam.

(1) Our opinion is that, as 'the appeal bond failed to reach the clerk within the period prescribed by law, the appeal was not complete. As the failure was apparently due to accident, we think the appellant’s remedy is by petition for new trial under -the statute. We think that the order of removal made by the Common Pleas Division was erroneous. ¶

Appellee’s petition for new trial granted, and case remitted to the Common Pleas Division with direction to vacate its order of removal and to dismiss the proceeding.

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Bluebook (online)

44 A. 473, 21 R.I. 425, 1899 R.I. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccotter-v-town-council-ri-1899.