32 Conn. 402 | Conn. | 1865
We think the facts found by the superior court in this case sufficient to justify the decree granting a new trial. The rule on the subject is very well stated in the late case of Day v. Welles, 31 Conn., 344, and the only question was, whether the facts brought the case within it. The claim is that they show negligence in the petitioner’s counsel in not making a thorough examination of the docket after the time for entering appeals had expired. No doubt the general practice of counsel is to give the name of the case to the clerk, and inform him that they appear for the appellee, at or soon after the time for entering appeals expires, and if the clerk does not find the case on the docket it is considered that counsel have exercised reasonable diligence in the matter. But the application to the clerk in this case, and the examination of the docket, were so near the time when the appeal must by law have been entered,
We are of opinion that there is no error in the decree complained of.
In this opinion the other judges concurred.
By statute appeals are to be entered, by the appellant on or before the opening of the court on the second day.