Pike v. Hill
Supreme Court of Vermont
Audita querela, to set aside the judgment of a justice of the peace rendered on the 12th of September, 1840. On the trial in the county court, it appeared that the writ in the original action was served by attachment of property, Pike the defendant, being out of the .state; and that the court was set at the justice’s house, on the 25th of July, and the cause continued from time to time, until the 22d of August, for notice to the defendant. ' On that day, as .appeared from…
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Audita querela, to set aside the judgment of a justice of the peace rendered on the 12th of September, 1840. On the trial in the county court, it appeared that the writ in the original action was served by attachment of property, Pike the defendant, being out of the .state; and that the court was set at the justice’s house, on the 25th of July, and the cause continued from time to time, until the 22d of August, for notice to the defendant. ' On that day, as .appeared from the record of the justice, neither of the parties appeared, and he took no notice of the suit, until the day following,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It has often been decided by this court that where judgment is rendered by a justice in a suit after it has been, in any manner, discontinued, the same will be set aside by audita querela. Brown v. Stacy, 9 Vt. R. 118; Phelps v. Birge, 11 Vt. R. 161; Crawford v. Cheney, 12 Vt. R. 567. A suit may be discontinued by the absence of the court, or of the parties. The latter appears, from the record, to have been the fact in this case. The suit was, therefore, discontinued on the 22d of August, and, consequently, the judgment rendered on the 12th…
2Cited by3 opinions
- Paddleford v. BancroftSupreme Court of Vermont · 1850
- Eastman v. WatermanSupreme Court of Vermont · 1854
- James R. Hill & Co. v. WarrenSupreme Court of Vermont · 1881