Congdon v. Congdon

The opinion of the court was delivered by

Veazey, J.

The decision of the County Court was evidently based on the theory that the statute does not cover the case as made by the petition, as it was a decision as matter of law and not of discretion. The court could not exercise its discretion unless the facts alleged brought the case within the provisions of the law authorizing the proceeding. This remedy is limited to cases where ‘ ‘ the petitioner has been prevented from taking or entering an appeal by fraud, accident or mistake ” R. L. sec. 1426.

(1.) The fraud alleged pertained to the allowance…