Wintle v. Wright

We are here asked to examine the sufficiency of the declaration in a writ which invokes the ancient remedy of audita querela. Tested by demurrer, the declaration was deemed insufficient by the presiding justice below and exceptions were seasonably taken to his action in sustaining the demurrer.

“The writ (of audita querela) is a remedial process to relieve a party who has been injured or who is in danger of being injured from the consequences of a judgment because of some improper action of the party who obtained it which could not have been pleaded in bar to the action.” Martin’s Notes on…