King v. Brown

In this action for assault and battery, we consider for the second time the plaintiff's exception to the decision of a superior court justice, removing a judgment entered by default against the defendant. When the case was first here, King v. Brown, 102 R. I. 42, 227 A.2d 589, we reaffirmed our rule that neglect or inattention of counsel without more will not constitute “cause shown” or “mistake” within the contemplation of G. L. 1956, §9-21-2, as it read when the default was removed. We found that the trial justice abused his discretion in vacating a default judgment upon the limited showing…