Aldrich v. Bonett
Supreme Court of Vermont
Audita querela to set aside the judgment of a justice of the peace in favor of the defendant against the plaintiff. Plea not guilty, and Í2-ial by the court, at the December Term, 1859,— Poland, J., presiding. ' It appeared that on the day the writ in the original action was served the parties met, and the complainant in this suit, being the defendant in that, desired to have the cause tried at an earlier period than the return day of the writ, and they agreed that, if the…
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Audita querela to set aside the judgment of a justice of the peace in favor of the defendant against the plaintiff. Plea not guilty, and Í2-ial by the court, at the December Term, 1859,— Poland, J., presiding. ' It appeared that on the day the writ in the original action was served the parties met, and the complainant in this suit, being the defendant in that, desired to have the cause tried at an earlier period than the return day of the writ, and they agreed that, if the justice could attend to it, they would have the trial the next day. Bonett called on the justice but found that he could…
1Opinion of the Court
Rbdeield, Ch. J.
It is claimed that this case is controlled by what is said in Paddleford v. Bancroft, 22 Vt: 529: “ That the continuance of a cause upon the suggestion of the plaintiff and without any legal ground for such continuance will operate as a legal discontinuance of the action and no valid judgment could be thereafter rendered.” This was unquestionably the rule of the common law, and generally exists in this country, probably. But it is one of those mere informalities, which is generally matter of error, and for such mere matters of error and informality, audita querela will not…
2Cases cited1 opinion
- Scott v. LarkinSupreme Court of Vermont · 1841
3Cited by2 opinions
- Capital Savings Bank & Trust Co. v. HammettSupreme Court of Vermont · 1921
- Wescott v. BriereSupreme Court of Vermont · 1941