Perry v. Morse
Supreme Court of Vermont
Audita Querela. Heard on demurrer to the complaint, March Term, 1885, Powers, J., presiding. Demurrer overruled. It was alleged in the complaint, that the plaintiff in February, 1883, brought an action of trespass and trover against said Morse before a justice of the peace for the conversion of ahorse and obtained a judgment; that thereupon the defendant appealed to the County Court, and that said suit was still pending- for trial on its ■ merits; that said Morse, well…
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Audita Querela. Heard on demurrer to the complaint, March Term, 1885, Powers, J., presiding. Demurrer overruled. It was alleged in the complaint, that the plaintiff in February, 1883, brought an action of trespass and trover against said Morse before a justice of the peace for the conversion of ahorse and obtained a judgment; that thereupon the defendant appealed to the County Court, and that said suit was still pending- for trial on its ■ merits; that said Morse, well knowing that he had no cause of complaint against this plaintiff in regard to said trover and trespass suit, but wilfully…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The statute provides that “no judgment rendered by a justice, on the merits of a civil cause, within his jurisdiction, shall be reversed by writ of error, certiorari, or any other process.” R. L. s. 826.
*513Section 1420 provides that “ on a judgment rendered by a justice, either by confession or otherwise,” audita “ shall be allowed,” etc.; and it is contended that this section controls the other, and makes audita a proper remedy here.
But these two statutes have been kept on foot ever since the passage of the former as a part of the Judiciary Act…
2Cases cited6 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Ex Parte BigelowSupreme Court of the United States · 1885
- Bigelow v. StearnsNew York Supreme Court · 1821
- Vaughn v. CongdonSupreme Court of Vermont · 1883
- Cromwell v. . HullNew York Court of Appeals · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. BarnettSupreme Court of Vermont · 1939
- Lafko v. LafkoSupreme Court of Vermont · 1969
- Massucco v. TomassiSupreme Court of Vermont · 1907
- State v. WakefieldSupreme Court of Vermont · 1888
- State v. RowellSupreme Court of Vermont · 1899
3 more not listed; retrieve them via the Exa API.