Gilbane, Inc. v. Noel

Full title: F. GILBANE, INC. vs. DONAT J. NOEL

Court: Supreme Court of Rhode Island

Date published: Jan 14, 1958

137 A.2d 531 (R.I. 1958)

137 A.2d 531

Opinion

January 14, 1958.

PRESENT: Condon, C.J., Roberts, Andrews and Paolino, JJ.

SUPREME COURT. Rules. Withdrawal of Counsel. Exceptions Neither Briefed Nor Argued. On day case was assigned defendant's counsel of record filed motion requesting leave to withdraw. Plaintiff's counsel had filed a brief and insisted on its right, under rule 15, to have case heard that day. Motion of defendant was denied. Plaintiff's counsel made an oral argument and thereafter defendant's counsel expressly waived oral argument. Held, that since defendant's exceptions were neither briefed nor argued they were deemed to be waived and case would be remitted to superior court for entry of judgment on the decision. Rules of Supreme Court, rule 15.

ASSUMPSIT action which resulted in decision for plaintiff in superior court after hearing before a justice thereof sitting without a jury. Defendant filed bill of exceptions. Exceptions deemed to have been waived, and case remitted to superior court for entry of judgment on the decision.

Hogan Hogan, Edward T. Hogan, for plaintiff.

Flynn Leighton, Robert T. Flynn, for defendant.

PER CURIAM.

This is an action of assumpsit which was tried before a justice of the superior court sitting without a jury and resulted in a decision for the plaintiff. The case is here on the defendant's bill of exceptions.

On the day to which the case was assigned for hearing in this court defendant's counsel of record filed a motion requesting leave to withdraw as counsel. The plaintiff's counsel had filed a brief on the questions raised by the bill of exceptions and insisted upon its right, under rule 15 of the Rules of the Supreme Court, to have the case heard on that day. We accordingly denied the motion of defendant's counsel to withdraw and proceeded with the hearing. The plaintiff's counsel made an oral argument and thereafter defendant's counsel expressly waived oral argument in support of any of his exceptions.

Since such exceptions were neither briefed nor argued they are deemed to be waived, and the case is remitted to the superior court for entry of judgment on the decision.