Lamson v. Bradley
Supreme Court of Vermont
Audita Querela. Trial by court, May term, 1868, Barrett, J., presiding. The audita querela was brought to set aside a judgment against the plaintiffs in this suit, as trustees of Frederick R. Mattison, rendered in a suit before a justice of the. peace, in which this defendant was plaintiff, and said Mattison principal defendant, and the plaintiffs in this suit summoned as trustees.. . The only grievance complained of in.the audita querela, material to the question, of law in…
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Audita Querela. Trial by court, May term, 1868, Barrett, J., presiding. The audita querela was brought to set aside a judgment against the plaintiffs in this suit, as trustees of Frederick R. Mattison, rendered in a suit before a justice of the. peace, in which this defendant was plaintiff, and said Mattison principal defendant, and the plaintiffs in this suit summoned as trustees.. . The only grievance complained of in.the audita querela, material to the question, of law in the case, was, “ that the justice rendered a judgment by default against the said Ebenezer. G. Lamson and Eastburn E.…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
It is claimed on the part of the plaintiffs that when two or more persons are named in a writ as trustees generally, without being described as co-partners, or as jointly having in their hands or possession goods, effects or credits of the principal defendant, they cannot be properly held chargeable on account of any joint indebtedness or liability to the principal defendant, al*170though such joint indebtedness is disclosed or pi'oved; but that they can only be held severally for any separate individual debt that each may owe. The trustee writ in…
2Cases cited4 opinions
- Coverly v. BraynardSupreme Court of Vermont · 1856
- Knapp v. LevanwaySupreme Court of Vermont · 1855
- Park v. HarmonSupreme Court of Vermont · 1842
- Pettes v. SpaldingUnited States District Court · 1848