2 A. 897 | N.H. | 1885
The decree made at the second settlement has the same conclusive effect upon the plaintiff as if he had been of full age. He was represented by his guardian, who had notice and was present. French v. Hoyt,
If no appeal is taken, a decree of the court of probate has the same force and effect as a judgment of a court of common law. It is conclusive of all matters directly in issue and determined. Poplin v. Hawke,
Erroneous decrees can be corrected only upon appeal. Judge of Probate v. Robins,
The plaintiff is restricted to the matters specified in his reasons of appeal. At his instance, no grievances except such as he has assigned will be considered (Bean v. Burleigh
In the settlement of 1874 the defendant was credited with the uncollected principal of the notes in question, and the interest follows the principal. This was an adjudication that the defendant was not accountable for the remainder of the notes, by which both parties are concluded.
It is not stated what the manifest mistake was by which the item of $100 was credited to the defendant. In the absence of a more definite finding, it must be taken that it was not an error of judgment in the judge of probate, but an error in the record, and it should be corrected. The defendant should be credited with the item of $117.
Decree modified accordingly.
SMITH, J., did not sit: the others concurred.