Colvin v. Goldenberg

The decisive question raised by the plaintiff’s bill of exceptions is whether, by accepting payment ■from the defendant of certain costs and fees upon the payment of which a justice of the superior court had conditioned his order vacating a nil dicit judgment and reinstating the case for trial on the merits, the plaintiff has waived his right to appeal from such order.

The question arose as follows. The plaintiff alleges that he was injured by an automobile owned and operated by defendant on a public highway in the city of Providence. ■Sometime after the accident he instituted this action of…