Walter v. Foss
Supreme Court of Vermont
Audita querela. ■ Trial by court at the December term, 1894, Caledonia county, Munson, J., presiding. Upon the facts found the court gave judgment for the defendant. The plaintiff excepts. The plaintiff lost his day in court through the fault of the defendant’s attorney and is entitled to the relief prayed for. Weeks v. Lazvrence, 1 Vt. 433 ; Folsom v. Connor, 49 Vt. 4; Tyler v. Lathrop, 5 Vt. 170. Fraud must be shown in the defendant.
Read the full summary
Audita querela. ■ Trial by court at the December term, 1894, Caledonia county, Munson, J., presiding. Upon the facts found the court gave judgment for the defendant. The plaintiff excepts. The plaintiff lost his day in court through the fault of the defendant’s attorney and is entitled to the relief prayed for. Weeks v. Lazvrence, 1 Vt. 433 ; Folsom v. Connor, 49 Vt. 4; Tyler v. Lathrop, 5 Vt. 170. Fraud must be shown in the defendant. The plaintiff cannot find relief in this form of action from the results of his own remissness. Little v. Cook, 1 Aik. 363 ; Scott v. Darling, 66 Yt. 510;…
1Opinion of the CourtTyler, J.
In a suit before a justice of the peace, by the plaintiff against the defendant, the latter recovered a judgment on his declaration in offset. The files of the justice being lost, the amount of the judgment is in dispute.
Eoss afterwards brought a suit upon his judgment and recovered another judgment thereon, from which Walter took an appeal and entered it in county court.
Walter had employed one Allard, a person not a lawyer, to assist him in his suits, and at the opening of the term when the appeal was to be entered, employed him to go to St. Johnsbury to do whatever was necessary to protect…
2Cases cited1 opinion
- Little v. CookSupreme Court of Vermont · 1826
3Cited by4 opinions
- Wintle v. WrightSupreme Judicial Court of Maine · 1955
- State v. Michael RosenfieldSupreme Court of Vermont · 2016
- State v. Michael RosenfieldSupreme Court of Vermont · 2016
- Wintle v. WrightSupreme Judicial Court of Maine · 1955