Marvin v. Wilkins
Supreme Court of Vermont
THIS was a writ of audita querela, by which the complainant sought to set aside a judgment which the defendant had obtained against him, and an execution issued thereon, upon which a sale of his property was threatened.
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THIS was a writ of audita querela, by which the complainant sought to set aside a judgment which the defendant had obtained against him, and an execution issued thereon, upon which a sale of his property was threatened. The complainant set forth in his writ, that on the 25th day of February, 1824, he left his residence, in Fairfield, on a journey to Troy, in the state of New York, which was then generally and publickly known, and that he did not return to the county of Franklin, till the sixth day of March, following. That, during his absence from the state, the defendant procured from a…
1Opinion of the CourtHutchinson, J.
This is a writ of audita querela, in which Marvin complains of a suit, commenced and carried to final judgment and exection, while he was out of the state, and had no knowledge of the suit. Wilkins, in his plea, says that Marvin was not out of the state, &c. at the commencement of the said action, not noticing the other averments in the complaint. To this plea, Marvin has demurred; and contends, that the plea does not meet the important allegations of the complaint. The defendant, on the other hand, contends that the complaint is defective in substance, and that, if the complainant has any…
2Cited by12 opinions
- Beattie v. TraynorSupreme Court of Vermont · 1945
- Newton v. AdamsSupreme Court of Vermont · 1832
- Spaulding v. SwiftSupreme Court of Vermont · 1846
- Whitney v. SilverSupreme Court of Vermont · 1850
- Alexander v. AbbottSupreme Court of Vermont · 1849
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