Ktorides v. Kazamias

This is a petition for a trial which was filed in this court within one year after entry of a judgment by default in an action at law brought by the respondent against the petitioner in the district court of the tenth judicial district. General laws 1938, chapter 535, §4. That section provides that this court may order- a trial in the court in which such judgment was entered upon a showing that no trial was had “by reason of accident, mistake, or unforeseen cause.”

It appears from the affidavits filed by both parties that they are brothers-in-law who formerly lived together in Pawtucket in…