MURPHY v. CHARLIE'S HOME IMPROVEMENT CO., INC.

No. 74-184-M. P.

326 A.2d 20 (1974)

Robert MURPHY v. CHARLIE'S HOME IMPROVEMENT CO., INC., et al. v. Donald JOHNSON.

Supreme Court of Rhode Island.

September 25, 1974.


Attorney(s) appearing for the Case

Oster, Espo, Fay & Groff, Thomas F. Fay, Lincoln, for plaintiff-respondent.

Gordon C. Mulligan, Warwick, for Donald Johnson, defendant-petitioner.


ORDER

Petition of Donald Johnson for writ of certiorari is granted, and the writ may issue forthwith.

JOSLIN, J., dissenting.

On February 25, 1974, Donald Johnson's motion to vacate a default judgment entered against him in the District Court was denied by a justice of that court. Although that denial possessed all the attributes of finality and was therefore appealable, 1 Kent, R.I.Civ.Prac. § 60.10 at 457 (1969), Johnson did not appeal to...

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