22 N.H. 170 | Superior Court of New Hampshire | 1850
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 additional insurance was obtained in the Union Company without the consent of the directors of the New England Insurance Company, and also that the
The costs of the proceeding in this Court are to be taxed here in favor of the party who may prevail upon the trial in the Court of Common Pleas.
New trial granted.