Paul v. Fortier

This petition for certiorari raises a novel and most interesting issue. Alfred A. Fortier and his son, the defendants in a Superior Court civil action which seeks to set aside a default judgment, by petitioning for certiorari have asked us whether the plaintiffs in that action, Henri Paul and his wife, can maintain such a suit when it was commenced more than a year after the entry of judgment and where at no point in their complaint do the Pauls ever claim that the default was the result of the Fortiers’ fraudulent conduct. We have issued the writ, the records of the Superior Court have been…