COSSAR v. TRUESDALE

In an appeal from an allowance by the commissioner of an insolvent estate, ignorance of the law furnishes ground for granting a creditor leave to file a declaration, under P. S., c. 193, s. 7.

BLODGETT, C. J.

There was no legal error in permitting the appellees to file their declarations under the statute relating to appeals from commissioners (P. S., c. 193, s. 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. 1; Hilton v. Olcott, 58 N.H. 598, 599; Cutts v. Cutts, 58 N.H. 602, 603; Bolles v. Dalton, 59 N.H. 479, 480; Kelsea v. Manchester, 64 N.H. 570.

Exception overruled.

PEASLEE, J., did not sit: the others concurred.