Gleason v. Peck
Supreme Court of Vermont
The complainant, in his declaration, alleged, in substance, that one Amos B. Cooper, 2d, absconded from the county of Chittenden, in May, 1832; that he was largely indebted to different individuals; that, immediately after his leaving the country, his property was attached on sundry writs, by the complainant, who was then a deputy sheriff of said county, and, among the articles so attached, was a cooking stove; that the defendants, Scofield and Amber, as the complainant…
Read the full summary
The complainant, in his declaration, alleged, in substance, that one Amos B. Cooper, 2d, absconded from the county of Chittenden, in May, 1832; that he was largely indebted to different individuals; that, immediately after his leaving the country, his property was attached on sundry writs, by the complainant, who was then a deputy sheriff of said county, and, among the articles so attached, was a cooking stove; that the defendants, Scofield and Amber, as the complainant believed, caused the defendant, Peck, an attorney, to bring a suit, in the name of said Cooper, against the complainant, for…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
Audita querela is a judicial writ. Former*59ly it was issued only in discretion, but afterwards was sued out of chancery ; but must always be to the court having the record. Its purpose is to set aside a judgment or execution, and therefore, like scire facias, error, certiorari and all other judicial writs, it must be between the parties to the former proceeding. Here neither of the defendants in this suit was a party to the judgment or execution; and, of course, no judgment Gould be rendered to operate on the judgment or execution, and…
2Cited by5 opinions
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- Starbird v. MooreSupreme Court of Vermont · 1848
- Stroheim v. DeimelCourt of Appeals for the Seventh Circuit · 1897
- Warner v. CraneSupreme Court of Vermont · 1844
- Herrick v. Orange County BankSupreme Court of Vermont · 1855