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." *Page 491 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.