Diblasi v. Diblasi

This writ of error, to review a judgment of the Superior Court denying a petition for a new trial, is brought under the provisions of § 5701 of the General Statutes upon the ground of mispleading. In order to secure relief under this statute, the plaintiffs would have to prove not only that there was mispleading but also that this came about "through fraud, accident or mistake, unconnected with any negligence or inattention" upon their part. Day v.Welles, 31 Conn. 344, 349; Winchell v. Sanger,73 Conn. 399, 404, 47 A. 706; Jarvis v. Martin, 77 Conn. 19,58 A. 15; Dante v. Dante, 93 Conn. 160,…