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21 R.I. 425

44 A 473

McCotter v. Town Council

Supreme Court of Rhode Island

Decided October 4, 1899

Supreme Court of Rhode Island · decided 1899-10-04

The town council of New Shoreham ordered a highway to be established and laid out in that town. Prom this decree an appeal was claimed by the present appellant. The notice of appeal, bond, and claim for jury trial were forwarded by registered mail to the town clerk of New Shore-ham. They reached the latter place shortly before midnight on the last of the forty days within which an appeal could be claimed, but were not received by the town clerk until five days later.

Cited by 2 later decisions — most recently June 1909

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1899-10-04

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Per Curiam.

¶1 (1) Our opinion is that, as 'the appeal bond failed to reach the clerk within the period prescribed by law, the appeal was not complete. As the failure was apparently due to accident, we think the appellant’s remedy is by petition for new trial under -the statute. We think that the order of removal made by the Common Pleas Division was erroneous.

¶2 Appellee’s petition for new trial granted, and case remitted to the Common Pleas Division with direction to vacate its order of removal and to dismiss the proceeding.

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