N. E. Mutual Fire Insurance v. Lisbon Manufacturing Co.
Superior Court of New Hampshire
Petition for a new trial, filed on the 30 th day of May, 1850. It was stated in the petition that, on the 22d day of January, 1850, the defendants brought an action against the plaintiffs, the writ being returnable on the second Tuesday of April, 1850, entered the action and took judgment by default, for $2,040.00 debt, and $23.76 costs.
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Petition for a new trial, filed on the 30 th day of May, 1850. It was stated in the petition that, on the 22d day of January, 1850, the defendants brought an action against the plaintiffs, the writ being returnable on the second Tuesday of April, 1850, entered the action and took judgment by default, for $2,040.00 debt, and $23.76 costs. The action was brought on a policy of insurance dated on the first day of October, 1846. The petition also stated, that the' petitioners had a good defence to the suit, and intended to make it; but through accident, mistake, and misfortune, omitted to appear…
1Opinion of the CourtGilchrist, C. J.
A review may be granted where it shall appear that justice has not been done, through accident, mistake, or misfortune, and that a further hearing would be just and equitable. Rev. Stat. chap. 192, § 2.
In this case, evidence has been submitted to the Court, tending to show that the attorney of the Insurance Company was instructed to defend the suit, — that he intended to do so, but omitted to enter his appearance because he mistook the time of the session of the Court, which was on the second Tuesday of April, while he supposed it to be on the fourth Tuesday.
There is also evidence that an…
2Cited by1 opinion
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