James R. Hill & Co. v. Warren
Supreme Court of Vermont
Heard by the court at the March Term, 1881, Washington County, Redfield, J., presiding. Audita querela, to vacate the judgment of a justice of the peace. Plaintiffs are a firm of partners, residing and doing business of working leather, at Concord, N. H. The defendant is a tanner, residing and doing business at Waterbury, in this State.
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Heard by the court at the March Term, 1881, Washington County, Redfield, J., presiding. Audita querela, to vacate the judgment of a justice of the peace. Plaintiffs are a firm of partners, residing and doing business of working leather, at Concord, N. H. The defendant is a tanner, residing and doing business at Waterbury, in this State. The defendant sold to the plaintiffs nineteen sides of harness leather, at an ágreed price of $8 per side, sent by express without inspection. The plaintiffs worked up five of said sides, when they discovered, as they claimed, the leather was defective in…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
This is audita querela to set aside a judgment of a justice of the peace. The defendants in that suit (plaintiffs here) were non-residents and had no notice. The plaintiffs now claim there was no legal service of the writ in the justice *76suit; and no such recognizance for review as the statute requires in case of a judgment by default without notice. The defendants were described in the writ as being residents of Concord, New Hampshire. The return of the officer was as follows :
“ State op Vermont, ) At Waterbury, in said County, this 30th…
2Cases cited16 opinions
- Mosseaux v. BrighamSupreme Court of Vermont · 1847
- McGregor v. BalchSupreme Court of Vermont · 1845
- Hastings v. WebberSupreme Court of Vermont · 1829
- Washburn v. New York & Vermont Mining Co.Supreme Court of Vermont · 1868
- Paddleford v. BancroftSupreme Court of Vermont · 1850
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3Cited by4 opinions
- Wade v. Wade's Admr.Supreme Court of Vermont · 1908
- Somerville Lumber Co. v. MackresSupreme Court of Vermont · 1913
- Deal v. PowellSupreme Court of Vermont · 1914
- Gokey v. Boston & M. R. Co.U.S. Circuit Court for the District of Vermont · 1904