Town of Bristol v. Bristol & Warren Waterworks

• Decision Date: 19 November 1896
• Court: Rhode Island Supreme Court
• Parties: TOWN OF BRISTOL v. BRISTOL & WARREN WATERWORKS.

35 A. 884

19 R.I. 631

TOWN OF BRISTOL

v. BRISTOL & WARREN WATERWORKS.

Supreme Court of Rhode Island.

Nov. 19, 1896.

Action by the town of Bristol against the Bristol & Warren Waterworks. Motion to revoke a consent decree, and to set down the same for hearing on bill and answer. Denied.

Comstock & Gardner, for complainant.

James M. Ripley, Arnold Green, and Ben M. Bosworth, for respondents.

PER CURIAM. The decree which the respondents by their motion seek to have revoked, having been entered by consent, cannot be set aside or revoked except by consent. 2 Daniell, Ch. Prac. (6th Am. Ed.) *973, *1459, and notes; 5 Enc. PI. & Prac. 960. Moreover, it appears that the motion is also to set down the cause for hearing on bill and answer. By stipulation of the parties, the bill was amended so as to incorporate the letter of Mr. Bosworth; and we find no denial of this letter, or any statement of circumstances which can change the construction necessarily given to it on the hearing of the demurrer. Whatever reason may have moved the respondents to refuse to appoint an arbitrator, or whatever expectation of procedure they may have had in mind after the demurrer had been disposed of, the letter was still a refusal which entitled the complainant to come into equity, and thereby their right to proceed in equity attached. Motion denied.