Weeks v. Lawrence
Supreme Court of Vermont
This was an Audita Querela, in which ffleeks< complained that ■Lawrence sued him for suffering an escape of Joseph Beeman and .others,-when in custody on two executions, ;in which there were ■several defendants, chiefly, hut not-wholly, the same in both.executions — that after one review in each case, judgment was rendered against him .by nil dicit — that the judgment against him was .rendered for adarger sum than the amount of the two executions against J. Beeman and…
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This was an Audita Querela, in which ffleeks< complained that ■Lawrence sued him for suffering an escape of Joseph Beeman and .others,-when in custody on two executions, ;in which there were ■several defendants, chiefly, hut not-wholly, the same in both.executions — that after one review in each case, judgment was rendered against him .by nil dicit — that the judgment against him was .rendered for adarger sum than the amount of the two executions against J. Beeman and others: and that the said Laivrence, with-cut giving any notice to said Weeks, procuredtheolerk-.of the court, after the…
1Opinion of the CourtHutchinson, J.
The question tobe decided is, do the facts* contained in this complaint, entitle the complainant to all or any part of the' telief sought ? It is very important that, in all judicial proceed-1' ings, the remedy to be applied should be adopted to the greivance complained of: and the experience of ages has drawn some practical lines of distinction between different remedies, which, if followed* Will do more substantial justice than any new course that could now be framed. The writ of error and the audiia quarelaf not only come to us as writs known at common law, but our statutes refer to each,…
2Cited by3 opinions
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
- Wardell v. EdenNew York Supreme Court · 1801
- Clough & Robinson v. BrownSupreme Court of Vermont · 1865