Wintle v. Wright

117 A.2d 68 (1955)

Kenneth J. WINTLE

v.

Carl R. WRIGHT, Adm'r, Estate of George A. Libby.

Supreme Judicial Court of Maine.

September 20, 1955.

Bartolo M. Siciliano, Dexter, for plaintiff.

Eames & Eames, Skowhegan, for defendant.

Before FELLOWS, C. J., and WILLIAMSON, WEBBER, TAPLEY and BELIVEAU, JJ.

WEBBER, Justice.

We are here asked to examine the sufficiency of the declaration in a writ which invokes the ancient remedy of audita querela. Tested by demurrer, the declaration was deemed insufficient by the Presiding Justice below and exceptions were seasonably taken to his action in sustaining the…