Reports of Cases Argued and Determined in the Supreme Court of Rhode Island (Volume 16) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890. Excerpt: ... Providence County. Opinion of the Court. recording, the record requires advertisement in a newspaper published in Pawtucket or Providence. The defendants contend that, by reason of this error, any person examining the record would be led to think that the notice was not according to the power, and so might not attend the sale. But it would not follow that a sale which was advertised in the Central Falls paper was not also advertised in a Pawtucket or Providence paper; and if such person were puzzled, it is to be remembered that he would learn from the record the names of the mortgagor and mortgagee, who could relieve him. The inaccuracy of the record was the fault of the recording officer, and it seems to us that it would be too strict to say that the notice was bad because of the reference to it, since the mortgagee had a right to presume that it was correct. Judgment for plaintiffs for possession and costs. William P. Beach, Stephen A. Cooke, Jun., $ Louis L. Angell, for plaintiffs. John M. Brennan, for defendants. Alexander Eddy, Administrator, vs. John Wilkinson. When a litigant desires relief from error of law on the part of the court, and of fact on the part of the jury, he should petition for a new trial, alleging the erroneous rulings of the court as one reason for the new trial, and alleging the verdict to be against the evidence as another reason, supporting the allegations with a report of the evidence. Defendant's petition for a new trial. July 6,1889. Per Curiam. In this case, on trial in the Court of Common Pleas, exceptions were taken to the rulings of the court, and the case was brought here upon a bill of exceptions, so that it is no longer pending in the Court of Common Pleas. The judgment of that court has been affirmed in this court. T...