Thrift v. Thrift

• Decision Date: 25 April 1910
• Citation: 76 A. 105,30 R.I. 456
• Parties: THRIFT v. THRIFT (two cases).
• Court: Rhode Island Supreme Court

76 A. 105

30 R.I. 456

THRIFT

v. THRIFT (two cases).

Supreme Court of Rhode Island.

April 25 and May 18, 1910.

Exceptions from Superior Court, Providence and Bristol Counties; Charles F. Stearns, Judge.

Actions by Georgia B. Thrift against Frederick W. Thrift. Decision denying respondent's motion for new trial after decision for petitioner, and respondent excepts. Exceptions dismissed, and cause remitted to the superior court for decree for petitioner upon petition.

Tillinghast & Collins and Charles R. Easton, for petitioner.

Bassett & Raymond (R. W. Richmond, of counsel), for respondent.

PER CURIAM. The respondent's bill of exceptions is based upon the refusal of the superior court to grant his motion for a new trial. The petitioner raises the jurisdictional question that the motion for a new trial, not being based upon any statutory ground, was therefore a nullity, which fails to support the bill of exceptions. This question has not been considered by the court.

The parties may file briefs upon this point on or before the 2d day of May, 1910.

BLODGETT, J. After the proceedings heretofore had in this cause, and reported in 30 R. I. 357, 75 Atl. 485, the petitioner has raised the question of jurisdiction in this court to entertain the respondent's bill of exceptions, alleging a failure to comply with the requirements of section 483, Court and Practice Act 1905 (now Gen. Laws 1909, c. 298, § 10), which is as 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. Exceptions to a decision upon a motion for a new trial or to the final decision in a cause heard by the court without a jury may be taken by filing the same in the office of the clerk within seven days after notice of the decision." An examination of the record shows that the decision in this cause granting the prayer of the petitioner was entered on April 30, 1909, that a motion for a new trial was filed on May 6, 1909, which was heard and denied on June 5, 1909, and that the notice of the exceptions now before the court was given on June 11, 1909, and that such exceptions are to the action of the trial justice in denying such motion for a new trial.

It is urged by the petitioner that a motion for a new trial in a cause heard by the superior court without a jury can only be filed under the provisions of section 480, Court and Practice Act 1905 (now Gen. Laws 1909, c. 298, § 13), upon the ground of newly discovered evidence as therein provided: "Sec. 486. Within seven days after notice of decision on the merits in any action or appeal heard by the superior court without a jury, any person or party entitled to except may...