Supreme Court of Rhode Island, 1902

John Cotter v. Town Council of Cumberland

John Cotter v. Town Council of Cumberland
Supreme Court of Rhode Island · Decided October 13, 1902 · Stiness, Tillinghast, Rogers
72 A. 645; 29 R.I. 543; 1902 R.I. LEXIS 1

John Cotter v. Town Council of Cumberland

Opinion of the Court

Per Curiam.

This petition is for certiorari, alleging an illegal removal from office, as a member of the paid police •department, in September, 1899.

The lapse of so long a time, notwithstanding the allegation ■of ignorance of his rights, is fatal to the allowance of the writ. It must be deemed as an acquiescence and waiver of objection.

The petition is analogous to a petition for a new trial where •the time for review is limited to one year.

See 4 Ency. PL & Pr., pp. 130-132.

Petition dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.