Eddy v. Cochran
Supreme Court of Vermont
AUDITA QUERELA. — Stanton Eddy and Edward Cochran having each obtained a judgment against the other before a justice of the peace, and appealed their respective actions to the county court, to be holden at Bennington, on the first Monday of December, 1820, previous to that day entered into a written agreement to take their actions out of court, and submit them to the arbitrament and award of Eli Pettibone, and Luther Stow-ell, with power to choose an umpire; the said…
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AUDITA QUERELA. — Stanton Eddy and Edward Cochran having each obtained a judgment against the other before a justice of the peace, and appealed their respective actions to the county court, to be holden at Bennington, on the first Monday of December, 1820, previous to that day entered into a written agreement to take their actions out of court, and submit them to the arbitrament and award of Eli Pettibone, and Luther Stow-ell, with power to choose an umpire; the said arbitration to be held on a day subsequent to the session of the county court. And if either party refused, he was, by the…
1Opinion of the CourtHutchinson, J.
Eddy has brought his audita querela, complaining that Cochran, having recovered a judgment against him, from which the complainant appealed to the county court, agreed to submit the action to arbitrators, naming them, the hearing to be at a day after the session of the court to which the appeal was taken; and yet entered the action by complaint, and procured an affirmance of the judgment, and took out his execution, &c. Cochran has plead two pleas, upon which issues have been taken and found by the jury for the complainant, Eddy. The action is brought before this court upon exceptions taken…
2Cited by3 opinions
- Paddleford v. BancroftSupreme Court of Vermont · 1850
- Wardell v. EdenNew York Supreme Court · 1801
- Kimball v. RandallSupreme Court of Vermont · 1884