Legal Opinion

Ball v. Ball

Supreme Court of Rhode Island

Decided December 8, 1898PublishedCited by 1 opinion

Appeal from a decree admitting to probate an instrument purporting to be a last will and testament, the appeal having been dismissed because of an imperfect appeal bond. Heard on appellant’s petition for a trial.

1Opinion of the Court

Matteson, C. J,

This is a petition for a trial. Gren. Laws R. I. cap. 251, §§ 2 and 3, are relied on in support of the petition. The sections are as follows :

“ Seo. 2. Whenever it shall he made to appear to the satisfaction of the appellate division of the supreme court, by any party or garnishee in a suit which shall have been tried or decided in the common pleas division of the supreme court, or in any district court, within one year previous to such, application, that by reason of accident, mistake, or any unforeseen cause, or for lack of newly-discover.ed evidence, judgment has been…

2Cited by1 opinion

  1. Union Fabrics Corp. v. Tillinghast-Stiles Co.Supreme Court of Rhode Island · 1938

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