Messier v. Norman Electric Supply Co.

Supreme Court of Rhode Island

Messier v. Norman Electric Supply Co.

138 A.2d 328, 87 R.I. 70, 1958 R.I. LEXIS 13

DecidedJanuary 31, 1958

StatusPublished

This text of 138 A.2d 328 (Messier v. Norman Electric Supply Co.) 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

Messier v. Norman Electric Supply Co., 138 A.2d 328, 87 R.I. 70, 1958 R.I. LEXIS 13 (R.I. 1958).

Pincite

Opinion

Per Curiam.

This is an action of assumpsit which was tried to a jury in the superior court and resulted in a verdict for the plaintiff. Thereafter the defendant moved for a new trial which was denied. The case is here on its bill of exceptions containing an exception to such denial and also certain other exceptions to rulings during the trial.

At the hearing in this court on the day to which the case was duly assigned defendant did not appear for oral argument nor did it file a brief in support of its exceptions. [71]*71Nevertheless plaintiff filed his brief and argued that all of defendant’s exceptions lacked merit and should be overruled. In the circumstances there is no need to discuss plaintiff’s contentions. In accordance with our well-established rule, since the defendant has neither briefed nor argued its exceptions they are deemed to be waived.

Aram A. Arabian, for plaintiff.

The defendant’s exceptions are overruled, and the case is remitted to the superior court for entry of judgment on the verdict.

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

Per Curiam.

This is an action of assumpsit which was tried to a jury in the superior court and resulted in a verdict for the plaintiff. Thereafter the defendant moved for a new trial which was denied. The case is here on its bill of exceptions containing an exception to such denial and also certain other exceptions to rulings during the trial.

At the hearing in this court on the day to which the case was duly assigned defendant did not appear for oral argument nor did it file a brief in support of its exceptions. [71]*71Nevertheless plaintiff filed his brief and argued that all of defendant’s exceptions lacked merit and should be overruled. In the circumstances there is no need to discuss plaintiff’s contentions. In accordance with our well-established rule, since the defendant has neither briefed nor argued its exceptions they are deemed to be waived.

Aram A. Arabian, for plaintiff.

The defendant’s exceptions are overruled, and the case is remitted to the superior court for entry of judgment on the verdict.

Cite This Page — Counsel Stack

Bluebook (online)

138 A.2d 328, 87 R.I. 70, 1958 R.I. LEXIS 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/messier-v-norman-electric-supply-co-ri-1958.