Cossar v. Truesdale

• Decision Date: 17 March 1899
• Court: New Hampshire Supreme Court
• Parties: COSSAR v. TRUESDALE. WHEELER v. SAME. SAWTELLE v. SAME.

45 A. 252

69 N.H. 490

COSSAR

v. TRUESDALE.

WHEELER

v. SAME.

SAWTELLE

v. SAME.

Supreme Court of New Hampshire. Hillsboro.

March 17, 1899.

Exceptions from Hillsboro county.

Proceeding by Jessie Cossar and others against W. A. Truesdale, executor of the estate of Martha J. Emery, deceased. From a decision of the commissioner allowing plaintiffs' claim, defendant excepts. Exception overruled.

The executor duly notified the appellees of his appeals, and they were entered in good faith at the trial term. Counsel for the appellees were ignorant of the provision that the creditor should file his declaration, and for this reason failed to do so within 30 days after notice of the appeals. They then petitioned for leave to file declarations on the ground of accident and mistake. Leave was granted, and the executor excepted.

James F. Briggs and Taggart & Bingham, for plaintiffs.

George W. Prescott and Henry B. Atherton, for defendant.

BLODGETT, C. J. There was no legal error in permitting the appellees to file their declarations under the statute relating to appeals from commissioners (Pub. St. c. 193, § 7), which authorizes the court, "in cases of accident or mistake," to "allow the creditor to file his declaration, or to amend it as in other civil actions." Parker's Appeal, 15 N. H. 24, 26; Tilton v. Tilton, 35 N. H. 430, 433; Holt v. Smart, 46 N. H. 9; Holton v. Olcott, 58 N. H. 598, 599; Cutts v. Cutts, Id. 602, 603; Bolles v. Dalton, 59 N. H. 479, 480; Kelsea v. Manchester, 64 N. H. 570, 15 Atl. 206. Exception overruled.

PEASLEE, J., did not sit. The others concurred.