Campbell v. Campbell

• Decision Date: 12 March 1909
• Citation: Campbell v. Campbell, 29 R.I. 428, 71 A. 1058 (R.I. 1909)
• Parties: CAMPBELL v. CAMPBELL et al.
• Court: Rhode Island Supreme Court

71 A. 1058

29 R.I. 428

CAMPBELL

v. CAMPBELL et al.

Supreme Court of Rhode Island.

March 12, 1909.

Action by Elisha J. Campbell against George E. Campbell and others.There was a verdict for defendants, and plaintiffpetitions for a new trial.Petition denied and dismissed.

See, also, 71 Atl. 309, 881.

Green, Hinckley & Allen, for petitioner.

James Harris and Irving Champlin, for respondents.

PER CURIAM.This is the appellant's petition for a new trial, under Court and Practice Act 1905, § 472, upon the ground that he did not have a full, fair, and impartial trial in the superior court, for the reason that the justice who presided at the trial in said superior court compelled his counsel to choose either to continue the case without witnesses after the regular hour of adjournment or to limit the number of witnesses to be called on the following day to those he could forthwith name, without having previously notified him that the court would sit beyond the usual time that night, or that he would be compelled to make such choice.

The conduct of the court complained of was subject to exception to be taken immediately, under Court and Practice Act 1905, § 483, which reads us follows: "Sec. 483.Exceptions to rulings, directions, and decisions made during a hearing in a cause heard by the court without a jury or during a trial by a jury shall be taken immediately. * * *" As was clearly explained by...