Spaulding v. Swift
Supreme Court of Vermont
Audita Querela. The complainants alleged, in substance, that the defendant, on the first day of June, 1842, sued out a writ against them upon a promissory note, which note purported to be signed by A. Rutherford, Aaron Spaulding & Co. and Uriah F. Arnold, and that service of said writ was made, as appeared from the officer’s return by attaching certain cloth, as the property of Rutherford and Aaron Spaulding & Co., and by delivering to one M. S. Dorrance, clerk of said Aaron…
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Audita Querela. The complainants alleged, in substance, that the defendant, on the first day of June, 1842, sued out a writ against them upon a promissory note, which note purported to be signed by A. Rutherford, Aaron Spaulding & Co. and Uriah F. Arnold, and that service of said writ was made, as appeared from the officer’s return by attaching certain cloth, as the property of Rutherford and Aaron Spaulding & Co., and by delivering to one M. S. Dorrance, clerk of said Aaron Spaulding & Co., true and attested copies of the writ and officer’s return thereon, and by making legal service on…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The service was so far defective, in this case, that the writ might well have been abated, if the defect had been properly urged. If a writ is served upon a person, who is not a resident of this State, by attaching property and leaving a copy with a third person, as the agent of the defendant, the fact of agency may be put in issue by a proper plea. But if there is no appearance, and no notice is proved, bonds must be given for a review of the action, *218under the statute, or the judgment may be set aside upon audita querela. Marvin v.…
2Cases cited8 opinions
- Gilman v. ThompsonSupreme Court of Vermont · 1839
- Newcomb v. PeckSupreme Court of Vermont · 1845
- Town of St. Albans v. BushSupreme Court of Vermont · 1832
- Marvin v. WilkinsSupreme Court of Vermont · 1826
- Scott v. LarkinSupreme Court of Vermont · 1841
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sutherland v. International Ins. Co. of New YorkCourt of Appeals for the Second Circuit · 1930
- Conway v. State Consolidated Publishing Co.Arizona Supreme Court · 1941
- Josiah Abbott & Co. v. DuttonSupreme Court of Vermont · 1872
- Oregon Liquor Control Commission v. CoeOregon Supreme Court · 1940
- Blood v. CrandallSupreme Court of Vermont · 1856
1 more not listed; retrieve them via the Exa API.