Dupont v. Labbe

Exceptions to the granting of a review of an action in which the petitioner was defaulted on his failure to enter an appearance are overruled.

The petition is based upon R. S. Ch. 110, Sec. 1, Clause VII. The applicable law is found in Donnell v. Hodsdon, 102 Me. 420, at 422, 67 A. 143, at 144, as follows:

“Under clause VII upon which this petition is based, the petitioner is not entitled to a review unless he proves to the satisfaction of the court at nisi prius three propositions; (1) that justice has not been done; (2) that the consequent injustice was through fraud, accident, mistake or…