Dame v. Wood

Young, J. It can be found from the fact that a person fails to act because of a mistake of his counsel, that he was prevented from acting by accident, mistake, or misfortune (Grout v. Cole, 57 N. H. 547; Bolles v. Dalton, 59 N. H. 479, 480; Kelsea v. Manchester, 64 N. H. 570; Harvey v. Northwood, 65 N. H. 117; Cossar v. Truesdale, 69 N. H. 490; Parsons v. Durham, 70 N. H. 44; Gunnison v. Abbott, 73 N. H. 590, 592); so there was evidence to .sustain the court’s finding, which is the only question of law raised by the defendant’s exception. Exception overruled. All concurred.