O'Hear v. Skeeles
Supreme Court of Vermont
Audita Querela. The plaintiff alleged, that he was administrator upon the estate of his father; that the defendant presented before the commissioners a claim against the estate, and a claim was presented in offset thereto, and the commissioners allowed a balance in favor of the estate; that the defendant appealed to the county court, and such proceedings were therein had, that that court rendered judgment in favor of the defendant, upon his claim and the offset thereto, for…
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Audita Querela. The plaintiff alleged, that he was administrator upon the estate of his father; that the defendant presented before the commissioners a claim against the estate, and a claim was presented in offset thereto, and the commissioners allowed a balance in favor of the estate; that the defendant appealed to the county court, and such proceedings were therein had, that that court rendered judgment in favor of the defendant, upon his claim and the offset thereto, for damages and costs; and that for the amount so awarded for costs the defendant had taken execution directly against the…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
This was an audita querela to set aside and vacate an execution issued upon a judgment rendered by the county court. To the complaint there was a demurrer and joinder, and the county court adjudged the complaint insufficient, and rendered judgment for the defendant. The county court, in which the judgment was rendered, upon which the execution issued, awarded costs against the administrator. The gravamen of the complaint is the taking of execution against the proper goods and estate of the complainant, and attempting to collect the same.…
2Cited by9 opinions
- Willey v. HunterSupreme Court of Vermont · 1884
- Riley v. Estate of McInlearSupreme Court of Vermont · 1888
- Page v. CaveSupreme Court of Vermont · 1920
- Meyer v. O'RourkeCalifornia Supreme Court · 1907
- Brace v. HulettSupreme Court of Vermont · 1938
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