Lavelle v. Kimball
Supreme Court of Rhode Island
Dependant’s petition for a new trial. The defendant submitted to judgment for $73.75, in the District Court of the Ninth Judicial. District, October G, 1894. The entry made on the papers was “Deft, submits to Judgment for $73.75.” Defendant’s claim for jury trial was filed October 8, 1894.
1Opinion of the Court
Pee Ctjeiam.
We are of the opinion that the defendant’s petition for a trial in the Common Pleas Division should be granted.
The Judiciary Act, cap. 2G, § 1, provides that in all answered cases there shall be a decision of the court and judgment on the seventh day following except as provided in said section. The section also provides that in cases of submission to judgment, judgment may be entered at any time thereafter on ex parte motion and proof of claim. This provision, however, relates only to the entry of judgment and does not alter the other provision relating to a decision. The scheme…
2Cited by2 opinions
- Harris v. TurchettaSupreme Court of Rhode Island · 1993
- Stidhams v. McPhersonSupreme Court of Rhode Island · 1969