Holt v. Smart
Supreme Court of New Hampshire
Petition for leave to appeal from a decree of the judge of probate,, passed on the 4th Tuesday of November, 1862, allowing the defendant,, the widow of Charles Smart, eight hundred dollars out of his personal. estate for her present support.
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Petition for leave to appeal from a decree of the judge of probate,, passed on the 4th Tuesday of November, 1862, allowing the defendant,, the widow of Charles Smart, eight hundred dollars out of his personal. estate for her present support. The petition alleged that the petitioners intended to appeal from the decree, and claimed their appeal to the trial. term of the Supreme Court held on the first Tuesday of February, 1863, and then entered their appeal, when it was transferred to the law term,, where it was continued till December, 1864, when the appeal was dismissed for the cause that it…
1Opinion of the CourtPerley, C. J.
The facts alleged in this petition make a case of' mistake, accident and misfortune, such as will entitle the petitioners to the relief which they ask. Parker’s Appeal, 15 N. H. 24; Tilton v. Tilton, 35 N. H. 430. But it is objected that the petition is not: brought within the two years limited by the statute. The decree was passed on the fourth Tuesday of November, 1862; the petition wasfiledon the sixteenth of December, 1864, more than, two. years from *10the date of the decree, but less than two years from the expiration of the sixty days allowed for the taking of an appeal.
The provision of…
2Cited by2 opinions
- Grout v. ColeSupreme Court of New Hampshire · 1876
- Rowell v. ConnerSupreme Court of New Hampshire · 1876