PAUL v. FORTIER

No. 75-64-M. P.

366 A.2d 550 (1976)

Henri PAUL et ux. v. Alfred A. FORTIER et al.

Supreme Court of Rhode Island.

December 6, 1976.


Attorney(s) appearing for the Case

Gunning, LaFazia & Gnys, Inc., Edward P. Sowa, Jr., Providence, for plaintiffs.

Zimmerman, Roszkowski & Brenner, Gerald M. Brenner, Woonsocket, for defendants.


OPINION

KELLEHER, Justice.

This petition for certiorari raises a novel and most interesting issue. Alfred A. Fortier and his son, the defendants in a Superior Court civil action which seeks to set aside a default judgment, by petitioning for certiorari have asked us whether the plaintiffs in that action, Henri Paul and his wife, can maintain such a suit when it was commenced more than a year after the entry of judgment and where at no point in their complaint...

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