Chapin v. Stone
Chapin v. Stone
Opinion of the Court
The defendant has filed his petition for a new trial in the words following:
“Now comes the above named defendant, Mardiros M. Stone, of the City and County of Providence, in the State of Rhode Island, and shows that in the above entitled cause, wherein in the Superior Court sitting within and for the Counties of Providence and Bristol a verdict was rendered for the above named plaintiff, Susan E. Chapin, also of said Provi•dence, in the sum of five hundred dollars, and this Court having overruled the defendant’s bill of exceptions and judgment having been entered thereon, and within one year after said verdict files this his petition for a new trial in said cause upon the following grounds:
“ 1st. That he did not have a full, fair, and impartial trial in said cause.
“2nd. That he has discovered new and material evidence, which evidence was not and could not be known to him at the time of the trial of said cause, as fully set forth in affidavits now filed and to be filed herewith.”
The second ground, viz.: newly discovered evidence, is inappropriate, and under section two cannot be considered.
The petition does not disclose wherein the trial that he had was otherwise than full, fair, and impartial. In the case of Campbell v. Campbell, 29 R. I. 428, which was a petition brought under C. P. A., § 472, which was the predecessor of the present statute under consideration, the petitioner gave the reason why he claimed he did not have a full, fair, and impartial trial in the Superior Court, but as the conduct of the court of which he *313 complained was subject to exception the relief he sought was denied him.
The petition being deficient in this respect must be denied and dismissed.
Reference
- Full Case Name
- Susan E. Chapin v. Mardiros M. Stone.
- Cited By
- 2 cases
- Status
- Published