Essex Mining Co. v. Bullard
Supreme Court of Vermont
Audita querela as per declaration. Plea, the general issue, and that the suit has been discharged by the plaintiff’s attorney, T. P. Redfield. . Trial by the court, August term, 1869, Caledonia county, Steele, J., presiding.
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Audita querela as per declaration. Plea, the general issue, and that the suit has been discharged by the plaintiff’s attorney, T. P. Redfield. . Trial by the court, August term, 1869, Caledonia county, Steele, J., presiding. The said T. P. Redfield produced an exemplified copy of the record of a regular adjudication of bankruptcy against the plaintiff, and of the appointment of one Sedgwick as the plaintiff’s assignee, and also offered in evidence the record of his appointment as attorney of the plaintiff corporation, and as attorney of the assignee in bankruptcy of said corporation, and…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
Tilton and Batchelder commenced and were prosecuting this suit without any authority from the plaintiff, the Essex Mining Company. The county court decided that Tilton and Batchelder did not stand in such relation as to authorize them to institute and control the suit in the name of the Essex Mining Company without the consent and .against the will of the company ; and on motion of the Essex Mining Company, allowed a non-suit to be entei'ed with costs. To this decision Tilton and Batchelder, claiming the right to prosecute this audita querela…
2Cited by2 opinions
- Ross v. ShurtleffSupreme Court of Vermont · 1882
- Stratton v. LyonsSupreme Court of Vermont · 1880