Godfrey v. Downer
Supreme Court of Vermont
Audita querela. The declaration alleged the recovery of a judgment by the intestate against the plaintiffs, by default, at the May term, 1859, of Windsor county court; that the writ in said cause was never served upon the plaintiffs, or either of them, and that neither of them ever had any knowledge of the commencement or pendency of said suit, and did not appear therein, and that no recognizance for a review was ever given therein; that said Godfrey was in the state of…
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Audita querela. The declaration alleged the recovery of a judgment by the intestate against the plaintiffs, by default, at the May term, 1859, of Windsor county court; that the writ in said cause was never served upon the plaintiffs, or either of them, and that neither of them ever had any knowledge of the commencement or pendency of said suit, and did not appear therein, and that no recognizance for a review was ever given therein; that said Godfrey was in the state of Wisconsin and not in the state of Vermont, from June, 1858, to May or June, 1860 ; that the plaintiffs had no knowledge of…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is a writ of audita querela to set aside an alleged fraudulent judgment in favor of the intestate against these plaintiffs. The “ cause of action ” is the taking of a judgment against Godfrey, without personal service of the writ, when he was without this state. Godfrey was admitted as a witness for the plaintiffs, against the defendant’s objection. Solomon Downer, the sole party plaintiff in the judgment alleged to have been fraudulent as to Godfrey, having deceased, we think that Godfrey is excluded as a witness, both by the letter…
2Cases cited1 opinion
- Paddleford v. BancroftSupreme Court of Vermont · 1850
3Cited by1 opinion
- Scoville v. BrockSupreme Court of Vermont · 1904