143 A. 697 | R.I. | 1928
Petitioner filed a petition in the Superior Court praying for divorce from bed and board and that she be awarded separate maintenance out of the estate of the respondent. The respondent filed a cross-petition praying *422 for an absolute divorce. After hearing the parties the court immediately rendered decision denying the cross-petition and granting the petition on the ground of neglect to provide. The attorney for the petitioner then stated that the question of separate maintenance might go over until Fall on the question of the amount and that payments be continued under an existing order. No objection was made to this suggestion by respondent's attorney.
Respondent immediately took an exception to the decision of the court and subsequently filed a bill of exceptions alleging as the principal ground therefor that the court erred in granting the prayer of the petitioner. The bill was allowed by the trial justice and the cause was certified to this court. Petitioner has moved to dismiss the bill of exceptions on the ground that it was prematurely filed inasmuch as the amount of the separate maintenance to be awarded her was left for future determination and consequently a final decision had not been rendered from which a bill of exceptions would lie.
It is settled that a bill of exceptions will lie only to a final decision. Pawtucket Cabinet c. Co. v. Peoples Ex. Line,Inc.,
Respondent contends that petitioner waived the right to object to the filing of the bill of exceptions by neglecting to object to its allowance by the trial justice. This contention cannot be allowed as the question is one of jurisdiction of *423
this court. Sanitary Oyster C. C. Co. v. Merwin,
It clearly appears that the bill of exceptions was prematurely filed and certified. The motion to dismiss the same is granted, without prejudice, and the cause is remitted to the Superior Court for further proceedings.