Opinion · Rilaw Rhode Island

JOHNSON v. HOXSIE, 19 R.I. 703 (1897)

36 A. 720

Type
Opinion
Court
Rilaw Rhode Island
Jurisdiction
Rilaw
Date
1897-02-11
Topic
general

JOHNSON v. HOXSIE, 19 R.I. 703 (1897) 36 A. 720 HENRY L. JOHNSON vs. JOHN N.O. HOXSIE.Supreme Court of Rhode Island.

Citator

UpLaw has not yet analyzed JOHNSON v. HOXSIE, 19 R.I. 703 (1897). The absence of a flag is not a finding that it is good law.

JOHNSONv.HOXSIE,19 R.I. 703(1897)
36 A. 720
HENRY L. JOHNSONvs.JOHN N.O. HOXSIE.
Supreme Court of Rhode Island.
February 11, 1897.
The court before which an action is pending has power to permit the defendant to file out of time the affidavit of defence required by Gen. Laws R.I. cap. 239, § 14. A defendant may be heard on the question of damages in a defaulted case.
ASSUMPSIT. Heard on defendant's exceptions to the rulings of a district court.
PER CURIAM.
We are of the opinion that the court below erred in holding that it had no power to permit the defendant to file out of time the affidavit of defence required by Gen. Laws R.I. cap. 239, § 14. Gen. Laws R.I. cap. 246, § 2, gives the court power to set aside a default at any time within six months, to reinstate the case or make a new entry, and to take other proceedings. It would be of little avail to a defendant to have a default set aside and the case reinstated unless he could be permitted to make a defence, which he could not do without having been allowed an extension of time to file his affidavit of defence.

It has always been the practice to permit a defendant to be heard on the question of the assessment of damages in a defaulted case.

Exceptions sustained, and case remitted to the District Court of the Fourth Judicial District for further proceedings.
Albert R. Greene,for plaintiff.Samuel W.K. Allen,for defendant.Page 704