Da Costa v. Rose

Heard on defendant's exception to the refusal of the superior court to grant her motion to stay, recall and quash an execution issued by that court upon a judgment entered therein in favor of the plaintiffs against her.

In the instant case this court, in an opinion reported in70 R.I. 163, sustained an exception of the defendant to the decision of the trial justice, unless the plaintiffs elected to accept simple damages in the sum of $1449.49, in lieu of the amount of $2898.98 as fixed by him. Thereafter the plaintiffs made such an election and filed a remittitur of all of the decision in…