Except as otherwise provided by law, whenever any civil action (except in a district
court) or whenever any appeal shall not be entered according to law, the court to
which the action or appeal is returnable may, in case of accident, mistake, unforeseen
cause, or excusable neglect, in its discretion, allow the action or appeal to be entered
with or without terms; provided, that if the action or appeal is not entered according
to law, in the first instance, all attachments and arrests made therein shall be thereby
vacated.
Notes of Decisions
Cited in
2
cases, 1958–1963 · leading case:
DiMauro v. Samson, 145 A.2d 761 (R.I. 1958).
DiMauro v. Samson, 145 A.2d 761 (R.I. 1958).
· cites it 3× “The plaintiffs failed to return their writs on that date, but on February 11, 1958 they filed petitions in that court in accordance with general laws 1956, §9-4-8, for leave to return them late on the grounds that such failure was due to “accident, mistake or unforeseen cause.”
Monti v. Providence Journal Co., 190 A.2d 482 (R.I. 1963).
· cites it 3× “1956, §9-4-8, praying for “leave to file a notice of intention to file a bill of exceptions out of time.”
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