Job v. Walker ex rel. Gieselman
Court of Appeals of Maryland
Appeal from Frederick county court. In this case a judgment was confessed below by the appeh lant in favor of the appellee, Walker, on the 11-th of April 1849, in debt on a single bill for $500 and costs, with interest from April 5th, and stay of execution till December 11th-, 1850, On the 12th of October 1850, this judgment was assigned to Gieselman, who, on the 20th of December 1850, is^sued a fi. fa. thereon, returnable to the following February term.
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Appeal from Frederick county court. In this case a judgment was confessed below by the appeh lant in favor of the appellee, Walker, on the 11-th of April 1849, in debt on a single bill for $500 and costs, with interest from April 5th, and stay of execution till December 11th-, 1850, On the 12th of October 1850, this judgment was assigned to Gieselman, who, on the 20th of December 1850, is^sued a fi. fa. thereon, returnable to the following February term. On the 7th of April 1851, before the return of they#. fa., the defendant in the judgment filed his petition, praying that the cestui que use…
1Opinion of the Court
Mason, J.,
delivered the opinion of this .court.
The ancient practice in a case like the present, was by audita querela. Blackstone in his Commentaries, (3 vol., page 405,) says : “An audita querela is where a defendant, against whom a judgment is recovered, and who is therefore in danger .of execution, or, perhaps, actually in execution, may be relieved upon good matter of discharge which has happened since the judgment, as if the defendant hath paid the debt to the plaintiff without procuring satisfaction to be .entered on the record.” In latter years, this proceeding, both in England and in…
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