§ 2357. Appeals in probate proceedings—Fraud, accident, or mistake When the petitioner has been prevented from taking or entering an appeal in a probate proceeding by fraud, accident, or mistake, on petition and proof thereof, the Supreme or Superior Court in its discretion may grant leave to file a notice of appeal from an order, […]
§ 2358. Service of petition; time limitation The petition shall be filed and served on the adverse party like a summons and complaint. The adverse party shall file and serve an answer. The petition shall not be sustained unless it is preferred within two years after the alleged fraud, accident, or mistake happened, provided that […]
§ 2362. Recognizance on petition to enter an appeal A petition to enter an appeal shall not issue until a Justice of the Supreme Court, the presiding judge, or a district judge of the court having jurisdiction of the same, as the case may be, has taken sufficient security by way of recognizance to the […]
§ 2363. Stay of proceedings; bail and liens not affected In his or her discretion, a justice or judge of the court having jurisdiction of such petition, by an order signed by him or her, may direct a stay of proceedings on the judgment, whether execution has issued or not, until a final decision is […]
§ 2365. Copy of process and recognizance to be filed The magistrate ordering a stay of proceedings shall take a copy of the process and recognizance, and file the same in the office of the clerk of the court to which the petition is made returnable or with the judge of the court, if it […]
§ 2366. Failure to prosecute petition If the petition is not served or filed within such time as the Supreme Court may by rule provide for the service or filing of the complaint in a civil action in a Superior Court, the action may be dismissed on motion and notice. The Court shall thereupon render […]
