Goodenow v. Stafford
Supreme Court of Vermont
Practice. Entry of appealed action in the county court. Audita Querela to set aside the affirmance, in the county court, of a judgment -which the defendant obtained against the complainants, before a justice of the peace, from which the complainants took an appeal, It appeared that after the appeal, the complainants employed E. Kirkland, Esq., to take charge of, and enter the appeal in the county court, who, on going to court, made arrangements to have the copies of the…
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Practice. Entry of appealed action in the county court. Audita Querela to set aside the affirmance, in the county court, of a judgment -which the defendant obtained against the complainants, before a justice of the peace, from which the complainants took an appeal, It appeared that after the appeal, the complainants employed E. Kirkland, Esq., to take charge of, and enter the appeal in the county court, who, on going to court, made arrangements to have the copies of the appeal, &c., sent to him by the justice; and gave to the clerk the name of a case Stafford v. Goodenow, to be entered on the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We think there must be a new trial granted. The plaintiffs in the audita querela seek to set aside the judgment that was rendered against them in the county court, affirming the judgment of the justice upon the complaint of the appellee, and this upon the ground that the appellants had duly entered their cause in the county court, where it was then pending, and that consequently the right of the appellee to enter the cause for affirmance did not exist. But the question is, did the appellants ever enter their appeal in such a way as to take…
2Cited by2 opinions
- Carruth v. TigheSupreme Court of Vermont · 1860
- Darling v. CuttingSupreme Court of Vermont · 1884