¶1 The Court held, that upon the appeal the report stood iq the Supreme Court as it stood in the Court of Com *99 mon Pleas at its reception there, and the only question for the Court was, whether the judgment of the Court of Common Pleas, refusing to recommit the report, should be confirmed or reversed, .and that, if reversed, the Supreme Court had the same power to recommit the report as if the same had been originally made to it.
2 R.I. 98
Estes v. Cook
Decided March 6, 1852
Supreme Court of Rhode Island · decided 1852-03-06
This was an action for slander, commenced in the Court of Common Pleas, at the May Term, 1849, and there ruled, in the common form, with all matters in dispute between the parties, to the arbitration and award of Joseph M. Blake, who reported his award in favor of the plaintiff to the Court. Upon the coming in of the report, the defendant moved to have the report recommitted, on the ground that new evidence had been discovered since the report was made.
Decided 1852-03-06