Legal Opinion

Clough & Robinson v. Brown

Supreme Court of Vermont

Decided August 15, 1865PublishedCited by 1 opinion

Audita Querela. The complaint alleged that in an action pending in the Orleans County Court in favor of the plaintiffs against the defendant, the latter recovered judgement for his costs ; and after-wards fraudulently procured the defendant Brown’s cost in said suit to be taxed by the clerk of said county court ex parte at a much larger sum than Brow.n was by the statute and the rules of court entitled to recover, by procuring false and fraudulent vouchers of certain persons…

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Audita Querela. The complaint alleged that in an action pending in the Orleans County Court in favor of the plaintiffs against the defendant, the latter recovered judgement for his costs ; and after-wards fraudulently procured the defendant Brown’s cost in said suit to be taxed by the clerk of said county court ex parte at a much larger sum than Brow.n was by the statute and the rules of court entitled to recover, by procuring false and fraudulent vouchers of certain persons that they had attended said court as witnesses in said' suit for Brown, and also included in said voucher the name of…

1Opinion of the Court

The opinion of the court was delivered by

Kellogg, J.

The substantial cause of complaint set forth in the plaintiff’s writ is that the defendant’s costs, in the action in which the judgment was rendered by the county court in his favor against the *181plaintiffs, were, by his fraudulent procurement, taxed by the clerk at a'much larger sum than the defendant was by the statute and the rules of the court entitled to recover ; and the question for decision is, whether audita querela will lie to correct the error. The plaintiffs’ declaration is defective in not asking for, or indicating, any relief,…

2Cases cited2 opinions

  1. Harriman v. SwiftSupreme Court of Vermont · 1858
  2. Weeks v. LawrenceSupreme Court of Vermont · 1829

3Cited by1 opinion

  1. Rickard v. FiskSupreme Court of Vermont · 1894

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