Miller v. Potter
Supreme Court of Vermont
Audita Querela, to set aside a judgment rendered by a justice of the peace against the plaintiff in this case. Trial by court, December Term, 1880, Lamoille County, Powers, J., presiding. A judgment was rendered for the defendant, the court holding that the guardian had so far submitted to the jurisdiction of the justice, and had so far participated in the justice trial, resulting in the judgment complained of, that he was not entitled to relief.
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Audita Querela, to set aside a judgment rendered by a justice of the peace against the plaintiff in this case. Trial by court, December Term, 1880, Lamoille County, Powers, J., presiding. A judgment was rendered for the defendant, the court holding that the guardian had so far submitted to the jurisdiction of the justice, and had so far participated in the justice trial, resulting in the judgment complained of, that he was not entitled to relief. It was admitted or proved that the plaintiff was under guardianship by appointment of the Probate Court; that the plaintiff and defendant had mutual…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The single question presented for consideration, is ? whether the justice had jurisdiction to issue the writ, and render *269the judgment sought to be set aside by the writ of audita querela. If he had such jurisdiction then what the guardian did in that suit, might probably be a waiver of the failure of the justice to appoint a guardian ad litem for the ward. The plaintiff in this suit, and defendant in the judgment sought to be vacated, is an insane person, under guardianship, and was at the time the writ was issued in the justice suit. By s.…
2Cases cited8 opinions
- Aiken v. RichardsonSupreme Court of Vermont · 1843
- Adams v. WhitcombSupreme Court of Vermont · 1874
- Hastings v. WebberSupreme Court of Vermont · 1829
- Rindge v. GreenSupreme Court of Vermont · 1879
- Glidden v. ElkinsSupreme Court of Vermont · 1802
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940
- Miner's v. ShanasySupreme Court of Vermont · 1917
- Howe v. Lisbon Savings Bank & Trust Co.Supreme Court of Vermont · 1940