Calcagni v. Cirino

This is a petition praying for a new trial of the above-named equity cause on the ground of newly discovered evidence which allegedly was not available for the hearing in the superior court because of accident, mistake or unforeseen cause. The petition purports to have been brought under the provisions of general laws 1923, chapter 347, sec. 3 and was filed while the complainants’ appeal in the same cause was pending in this court.

The petition was accompanied by certain affidavits setting out the alleged newly discovered evidence relied upon in support thereof and the respondent has filed…