Lovejoy v. Webber
Massachusetts Supreme Judicial Court
This was a writ of audita querela, in which the plaintiff sets forth that, on the 21st day of January, 1809, he gave the defendant his promissory note for 40 dollars, payable in sixty days from the date; that on the 1st day of August following, the defendant sued out a writ against him on the said note, returnable on the third Tuesday of November then next, which was duly served; that after the service of said writ, viz., on the 8th day of September, 1809, the plaintiff paid…
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This was a writ of audita querela, in which the plaintiff sets forth that, on the 21st day of January, 1809, he gave the defendant his promissory note for 40 dollars, payable in sixty days from the date; that on the 1st day of August following, the defendant sued out a writ against him on the said note, returnable on the third Tuesday of November then next, which was duly served; that after the service of said writ, viz., on the 8th day of September, 1809, the plaintiff paid to the defendant, and the defendant received, the sum of 41 dollars, in full satisfaction of the said note, and in…
1Opinion of the CourtSewall, J.
To a writ of audita querela, the defendant appears and pleads by demurring to the writ, with these special causes assigned; — that the matter alleged as the cause of complaint might have been pleaded in bar-; and, 2dly, because the plaintiff’s remedy, if any he has, is not by audita querela, but by a review, which, upon petition, ac cording to the late statute, the Court would authorize. The demurrer * having been joined by the plaintiff, the [ * 103 j process and the complaint, as confessed by the demurrer, - are before us, to be sustained or dismissed; and if sustained, we are to afford…
2Cases cited3 opinions
- Thatcher v. GammonMassachusetts Supreme Judicial Court · 1815
- Barrett v. VaughanSupreme Court of Vermont · 1834
- Clark v. FreemanSupreme Court of Vermont · 1833
3Cited by4 opinions
- Elwell v. ShawSupreme Judicial Court of Maine · 1821
- Colman v. ShattuckNew York Supreme Court · 1874
- Colman v. ShattuckNew York Supreme Court · 1874
- Whitaker v. SumnerMassachusetts Supreme Judicial Court · 1829