Mussey v. White
Supreme Court of Vermont
Audita Querela brought to set aside a judgment of the County Court, rendered at the September Term, 1878. Plea, general issue. Trial by jury, September Term, 1885, Yeazet, J., presiding. Yerdict ordered for the defendant.
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Audita Querela brought to set aside a judgment of the County Court, rendered at the September Term, 1878. Plea, general issue. Trial by jury, September Term, 1885, Yeazet, J., presiding. Yerdict ordered for the defendant. The complainant introduced evidence tending to show fraud and that the said judgment of the County Court was obtained without his knowledge; that the writ was never served upon him; that he was out of the State at the time the original writ in said cause in which said judgment was rendered, was made; that he was never served with a copy of said writ and had no notice…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was an audita querela, brought to set aside a judgment of the County Court, alleging fraud and want of notice on the part of the complainant. Plea, general issue, and trial by jury, and verdict for the defendant.
The first exception taken was to the ruling of the court allowing the record of a judgment rendered by the County Court in an audita querela brought by the complainant against the defendant to set aside the judgment that is sought to be set aside under this, and in which the judgment was for the defendant, to be introduced as…
2Cases cited2 opinions
- Gray v. PingrySupreme Court of Vermont · 1845
- Kimball v. Town of NewportSupreme Court of Vermont · 1874
3Cited by5 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Town of Putney v. Town of BrooklineSupreme Court of Vermont · 1967
- Bennett Estate v. Travelers InsuranceSupreme Court of Vermont · 1981
- Santerre v. SylvesterSupreme Court of Vermont · 1937
- Sherman v. HannoSupreme Court of New Hampshire · 1889