REPORTS

OF

CASES ARGUED AND DETERMINED

IN THE

APPELLATE DIVISION

OF THE

SUPREME COURT OF RHODE ISLAND.

VOLUME XXIII.

EDWARD C. STINESS,

REPORTER.

PROVIDENCE:

E. L. FREEMAN & SONS, PRINTERS TO THE STATE.

1902.

JUDGES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS.

CHIEF JUSTICE.

HON. JOHN H. STINESS.

ASSOCIATE JUSTICES.

HON, PARDON E. TILLINGHAST,

HON. GEORGE A. WILBUR,

HON. HORATIO ROGERS,

HON. WILLIAM W. DOUGLAS,

HON. EDWARD C. DUBOIS,

HON. JOHN T. BLODGETT.

ATTORNEYS-GENERAL.

WILLARD B. TANNER, Esq.
(To January 6, 1902).
CHARLES F. STEARNS, Esq.
(Since January 6, 1902).

ASSISTANT ATTORNEYS-GENERAL.

CHARLES F. STEARNS, Esq.
(To January 6, 1902).

WILLIAM B. GREENOUGH, Esq.
(Since January 6, 1902).

RHODE ISLAND REPORTS-VOL. XXIII.

These reports are published in accordance with the provisions of chapter 226 of the General Laws of the State of Rhode Island.

The cases reported include the decisions, opinions, and rescripts of the Appellate Division of the Supreme Court, involving questions of law, pleading, or practice, from May 4, 1901, to March 1, 1902.

EDWARD C. STINESS,

Reporter.

ORDERS OF THE COURT.

ORDER RELATIVE TO STRIKING CASES FROM THE DOCKET.

(Adopted January 2, 1902.)

Rule 37 is amended so as to read as follows: From time to time actions, suits, or other proceedings in which neither party appears to prosecute or defend for the space of one year may be stricken from the docket of either division of the court and placed on file without costs and without prejudice to the rights of any party thereto, after such notice as may be prescribed by order of any justice thereof. Any action, suit, or proceeding so stricken from the docket may, upon application and for cause shown, be reinstated upon the docket on such terms and conditions as the court may impose.