Public-domain · open source
OpenJurist

8 R.I. Dec. 162

Bryda v. Bryda

Superior Court of Rhode Island

Decided January 2, 1932

Superior Court of Rhode Island · decided 1932-01-02

Decided 1932-01-02

BLODGETTj 'E. J.'

¶1Heard upon .demurrer to bill of’complaint.

¶2Complainants claim they were minors at the time a final decree was entered in Equity No. 7271, to wit,'June 3, 1925.

¶3Complainants all became of age not later than 1929. The bill contains no allegation' of the facts heard by this Court at the time of the entry of this decree. There is no allegation of fraud. The sole reason for re-opening the case by setting aside the decree is the allegation that at the time they were minors.

¶4Before hearing upon the original bill it appears from the record that due service was made upon said minors and a guardian ad litem was appointed.

¶5Time for filing a bill of review cannot exceed one year from the entry of the final decree.

¶6Merrill vs. R. I. Hosp. Tr., 45 R. I 276.

¶7More than five years have elapsed since the filing of the original decree and more than one year since complainants became of age.

¶8Demurrer sustained and bill dismissed.

/8/ridec/162 · .json · Public domain