Darcy v. Carreiro

The sole question posited by this petition for a writ of certiorari is whether the running of the one-year *471limitations period of Super. B. Civ. P. 60(b) (4)1 barred the Superior Court from granting a motion to vacate a default judgment which is void because process was not served as required by Rule 4(d)(1). That question was specifically left open when we decided Lamarche v. Lamarche, 108 R. I. 213, 218, 273 A.2d 860, 862 (1971), and for that reason, among others, we ordered the writ to issue. Darcy v. Carreiro, 110 R. I. 925, 294 A.2d 851 (1972).

Following arguments in this case, we examined…