Martin Watson v. Hutchens

Decided April 3, 1899

Supreme Court of Rhode Island · decided 1899-04-03

Assumpsit on Book Account. Heard on petition of plaintiff for a new trial on exceptions to rulings'of Common Pleas Division denying motion of plaintiff to dismiss petition of defendant for a new trial and to enter judgment for the plaintiff. Petition for new trial granted.

Cited by 3 later decisions — most recently May 1917

1 federal appellate · 2 state decisions

Relies on Sprague v. Greene

Good law ✅— No negative treatment on recordhow we know

Decided 1899-04-03

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Per Curiam.

¶1 (1) The death of the defendant did not abate the action. Sprague v. Greene, 20 R. I. 153; Gen. Laws R. I. cap. 233, §§ 7, 8. As the steps required by Gen. Laws R. I. cap. 251, § 6, had not been taken, in that no petition for a new trial had been filed, under the third clause of that section, at the death of the defendant, nor by his administrator after his appointment, we think the plaintiffs were entitled to judgment against the estate in the hands of the administrator, in accordance with their motion. The remedy for the administrator, if he desires .a new trial and can make it appear that a new trial should be had, is under Gen. Laws R. I. cap. 251, § 2.

¶2 The case is remitted to the Common Pleas Division with ■direction to enter judgment for the plaintiffs on the verdict against the estate in the hands of the administrator.