Phelps v. Slade
Supreme Court of Vermont
Audita Querela, to set aside an execution, issued by the clerk of Addison county supreme court. The complainant alleged, in his complaint, in substance, that in November, 1826, he and one Horace Linsley, then of Cornwall, in the county of Addison, (since removed out of the state,) were duly appointed, by the probate court for the district of Addison, administrators, jointly, of the estate of William Slade, late of said Cornwall,^deceased ; that said administrators, on the…
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Audita Querela, to set aside an execution, issued by the clerk of Addison county supreme court. The complainant alleged, in his complaint, in substance, that in November, 1826, he and one Horace Linsley, then of Cornwall, in the county of Addison, (since removed out of the state,) were duly appointed, by the probate court for the district of Addison, administrators, jointly, of the estate of William Slade, late of said Cornwall,^deceased ; that said administrators, on the twenty-ninth day of November, 1831, presented their administration account to said probate court, which was examined by…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
There is no demurrer, nor motion in arrest before us. The appeal on the demurref to a plea in bar, was, at the last term of this court, dismissed, as prematurely taken, before the trial of the general issue. All that now remains is the exception to the charge. This disposes of several points, taken by the ^defendants’ counsel, to wit, whether the proceedings, in the original case, were by the course of the common law ? Whether there were proper parties to the audita querela! Whether the only proper course would have been, to apply to the…
2Cited by2 opinions
- Comstock v. GroutSupreme Court of Vermont · 1845
- Shumway v. SargeantSupreme Court of Vermont · 1855