Clark v. Freeman
Supreme Court of Vermont
This cause came up from the County Court for a hearing’ upon- a Bill of exceptions, from which it appears that this was an-Audita Querela brought against the afore--said Freeman, and one-James Bougery, to set aside an Execution in-their- favor against the said Clark.
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This cause came up from the County Court for a hearing’ upon- a Bill of exceptions, from which it appears that this was an-Audita Querela brought against the afore--said Freeman, and one-James Bougery, to set aside an Execution in-their- favor against the said Clark. The writ was legally served on Freeman and non est was returned as to Bougery; At the September Term of the County Court 1830, said Bougery, after the plaintiff had proved notice on him, appeared-and made a written-motion- to dismiss the action as to him ; upon this motion the Court rendered judgment, that Bougery be dismissed1…
1Opinion of the CourtHutchinson, C. J.
A judgment having been recovered in favor of Dougery and Freeman, against the present plaintiff, Clark, this writ of Audita Querela, to sét aside the execution upon that judgment, should clearly have been served upon both of said creditors ; and for want of such service-on both, it ought to abate or be dismissed, if a plea, or motion to that effect had been interposed in due time. The Statute has pointed out a way in which service can be made in all possible cases, to bring again into Court parties, who have once recovered judgments, for the purpose of correcting those judgments, if…
2Cited by1 opinion
- Lovejoy v. WebberMassachusetts Supreme Judicial Court · 1813