Beech v. Rich
Supreme Court of Vermont
Debt, on a recognizance entered info by the defendant, before one of the judges of the county court, on granting an audita querela in favor of Stevens and others against Beech, the present plaintiff, in which action Beech recovered a judgment for his costs. The defendant pleaded nul tiel record, and a special plea in bar, that the record of the recognizance was made by the judge who signed it without the knowledge or consent of the defendant.
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Debt, on a recognizance entered info by the defendant, before one of the judges of the county court, on granting an audita querela in favor of Stevens and others against Beech, the present plaintiff, in which action Beech recovered a judgment for his costs. The defendant pleaded nul tiel record, and a special plea in bar, that the record of the recognizance was made by the judge who signed it without the knowledge or consent of the defendant. Issue was joined upon the first plea, to the court, and upon the second plea, to the country. The first issue was found by the county court for the…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
The record of a judicial proceeding is, as to all the parties thereto, conclusive of the facts therein al*597leged. This has been too long and uniformly holden to require either discussion or authority. This recognizance, taken and certified by a judge of the county court, states that the defendant personally appeared and entered into the recognizance. This is conclusive of that fact as against the defendant.
It is said, dangerous consequences may follow the application. of this rule. That may be possible, but still more dangerous consequences…
2Cited by6 opinions
- Gilbert v. VailSupreme Court of Vermont · 1888
- Farr v. LaddSupreme Court of Vermont · 1864
- Youngstown Bridge Co. v. Kentucky & I. Bridge Co.U.S. Circuit Court for the District of Indiana · 1894
- In re BodwellSupreme Court of Vermont · 1894
- Stratton v. LyonsSupreme Court of Vermont · 1880
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