Stone v. Seaver
Supreme Court of Vermont
This was an Audita Querela to set aside a judgement of the defendant against the plaintiff, rendered by a Justice of the Peace, on the 14th day of January, A. D. 1829, on the ground of fraud in obtaining said judgement.
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This was an Audita Querela to set aside a judgement of the defendant against the plaintiff, rendered by a Justice of the Peace, on the 14th day of January, A. D. 1829, on the ground of fraud in obtaining said judgement. The attachment in the original suit was served by an authorized person, and the complaint of the plaintiff is, that the defendant procured said authorized person to indorse on the back of said writ that he had served the same on the plaintiff, by attaching as his property, ten tons of hay; and on the same day, left a true and attested copy of said writ, with a list of the…
1Opinion of the Court
The opinion of the Court was pronounced by
Williams, J.
This is a writ of audita querela to which the defendant pleads the Statue of Limitations in bar.— The Statute is “ that no judgement or proceedings in Courts of Justice in any real or personal action shall be
It is considered that the writ of Audita Querela is in the nature of a bill in equity, for the purpose of obtaining com-*553reversed or avoided for any error or defect therein unless the writ of error or suit for reversing such judgement or proceedings in course of justice be commenced and duly served on the defendant, or defendants in…
2Cases cited3 opinions
- Brown v. PorterMassachusetts Supreme Judicial Court · 1813
- Marvin v. WilkinsSupreme Court of Vermont · 1826
- Dodge v. HubbellSupreme Court of Vermont · 1829
3Cited by3 opinions
- Paddleford v. BancroftSupreme Court of Vermont · 1850
- James R. Hill & Co. v. WarrenSupreme Court of Vermont · 1881
- Lowenbach's Administrator v. KelleySupreme Court of Virginia · 1910