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MOSCA v. COURNOYER

No. 78-265-Appeal.

438 A.2d 665 (1981)

Domenic A. MOSCA, Jr. v. Arthur J. COURNOYER.

Supreme Court of Rhode Island.

December 22, 1981.

Attorney(s) appearing for the Case

David F. Reilly, North Kingstown, for plaintiff.

Oster, Groff & Prescott, George M. Prescott, Lincoln, for defendant.

OPINION

WEISBERGER, Justice.

This action was commenced in the the Fifth Division of the District Court on July 29, 1977. The plaintiff sought to recover the balance due on a promissory note. The return of service indicated that the defendant was served on August 3, 1977. The defendant failed to file an answer to the complaint or to enter an appearance. Consequently, judgment by default was entered on October 5, 1977. On November 4, 1977, the defendant appeared...

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