154 A. 563 | R.I. | 1931
This is a motion to dismiss the defendant's bill of exceptions. The case was heard by a justice of the Superior Court, sitting without a jury, who reserved decision and sometime later filed a rescript giving decision for the plaintiff. No exception to this decision was taken. Within seven days after the filing of the rescript the defendant filed a motion for a new trial on various grounds, including the ground of newly discovered evidence, which was the only ground on which the Superior Court has jurisdiction to entertain a motion for a new trial in a case heard without a jury. Sec. 13, Chap. 348, G.L., 1923. Thrift v. Thrift,
The plaintiff relies on Thrift v. Thrift, supra. In that case the motion for a new trial was not for newly discovered evidence. The motion was therefore a mere nullity and the provisions of Section 17, Chapter 348, General Laws, 1923, allowing seven days after denial of a motion for a new trial within which to file notice of intention to prosecute a bill of exceptions did not apply. In the instant case one of the grounds for the motion for a new trial being that of newly *318 discovered evidence, the Thrift case, supra, is not in point. So much of said Section 17 as is pertinent is as follows: "Within seven days after verdict or notice of decision, but if a motion for a new trial has been made, then within seven days after notice of decision thereon ___________________ shall file in the office of the clerk of the superior court notice of his intention to prosecute a bill of exceptions to the supreme court."
This case is governed by Murad v. N.Y., N.H. H.R.R.Co.,
The motion to dismiss is denied.