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18 R.I. 617

29 A 689

Fitch v. Richard

Supreme Court of Rhode Island

Decided June 16, 1894

Supreme Court of Rhode Island · decided 1894-06-16

Bill in Equity for an injunction. On motion to amend a final decree. A decree was entered granting relief, December 10, 1892. The complainant filed a motion in the cause to amend the decree June 4, 1894.

Cited by 1 later decisions — most recently June 1916

1 state decisions

Relies on Alexander Hodges v. New England Screw Co. · Leach v. Jones

Good law ✅— No negative treatment on recordhow we know

Decided 1894-06-16

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Per Curiam.

¶1 More than one year having elapsed since the entry of the decree which the complainant *618 seeks to amend, it is too late to obtain the alteration of it on simple motion or petition, or even on a petition for rehearing. Hodges v. New England Screw Co., 3 R. I. 9; Leach v. Jones, 11 R. I. 386; Randall v. Peckham, ib. 600, 605.

Herbert B. Wood & William Fitch, for complainant. Edward D. Bassett, for respondent.

¶2 The only means by which the decree can be amended would seem to be a bill of review, if, indeed, a bill of review, under our practice, can be filed more than a year after the entry of final decree. See cases cited above. 2 Daniel’s Ch. Pl. & Pr. * 1576.

¶3 The case-of Clark v. Hall, 7 Paige, 382, is not in point, since in that case the decree had been kept open by the defendant’s appeal and so had not passed out of the control of the court, the parties being still in court.

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