Legal Opinion

Johnson v. Roberts

Supreme Court of Vermont

Decided January 15, 1886PublishedCited by 2 opinions

Audita Querela. Plea, general issue. Trial by court, April Term, 1885, Taft, J., presiding. Judgment for defendant. This action was brought to set aside the judgment of a justice of the peace. The judgment was made up as follows: Damages, $7; costs, $10.85. The judgment attacked by this proceeding was within the prohibition of the R. L. s. 1444. Audita will lie. Statutes which give costs are not to be extended beyond the letter. Salk. 206; 2 Str. 1006; 3 Burr. 1287; 3 Bl.

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1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

The remedy by audita is denied when the complainant has had opportunity to have the error complained of corrected, but has neglected to avail himself of it. Staniford v. Barry, 1 Aik. 321; Griswold v. Rutland, 23 Vt. 324; Goodrich v. Willard, 11 Gray, 380.

*600In this case the justice allowed the plaintiff moré costs than the statute permitted him to recover; but we must suppose, the contrary not appearing, that the excess was inadvertently allowed, and that the error would have been corrected if the justice’s attention had been called to it…

2Cases cited3 opinions

Dodge v. HubbellSupreme Court of Vermont · 1829
Griswold v. Town of RutlandSupreme Court of Vermont · 1851
Staniford v. BarrySupreme Court of Vermont · 1825

3Cited by2 opinions

Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
Rickard v. FiskSupreme Court of Vermont · 1894