Clarke v. Town Council S. Kingstown
Supreme Court of Rhode Island
Appellants’ petition for a new trial. The appellants appealed to the Court of Common Pleas from the action of the Town Council of South Kingstown in laying out certain highways. After verdict in favor of the appellees the appellants filed motions in arrest of judgment which were overruled. The appellants then filed in this court their petitions for a new trial.
1Opinion of the CourtMatteson, C. J.
We cannot consider the appellants’ petition for a new trial, in so far as it is based on alleged erroneous rulings at the trial, for the reason that the statement of exceptions accompanying it was not presented to the justice who tried the cause within the time required by rule 29 of the rules of practice.
We do not think that the remark of the juror complained of is a sufficient ground to entitle the appellants to a new trial. The allegation is that during the progress of the trial, before the testimony for the appellants had. been put in, one of the jurors made a remark out of' court that he…
2Cases cited3 opinions
- Harrison v. PriceIndiana Supreme Court · 1864
- Foster v. BrooksSupreme Court of Georgia · 1849
- Taylor v. Cal. Stage Co.California Supreme Court · 1856
3Cited by4 opinions
- State v. CypherIdaho Supreme Court · 1968
- State ex rel. Follet v. RightorSupreme Court of Louisiana · 1880
- In Re Establishment of Judicial Highway Between Sibley & Renville CountiesSupreme Court of Minnesota · 1942
- King v. LambertLouisiana Court of Appeal · 1919