Bradish v. Redway
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, on the ground that an appeal from such judgment was improperly denied the plaintiff. Plea, not guilty, and trial by the court, at the March T«rm, 1862, in Washington coímty, Kellogg, J., presiding. The actioh in which the judgment, sought to be vacated, was rendered, was trespass in favor of the defendant against the plaintiff, for taking a trunk and fiddle.
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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, on the ground that an appeal from such judgment was improperly denied the plaintiff. Plea, not guilty, and trial by the court, at the March T«rm, 1862, in Washington coímty, Kellogg, J., presiding. The actioh in which the judgment, sought to be vacated, was rendered, was trespass in favor of the defendant against the plaintiff, for taking a trunk and fiddle. The ad damnum in the writ in that action was ten dollars, and the defendant claimed on trial damages only to the amount…
1Opinion of the CourtPierpoint, J.
This is an audita querela brought to set aside a judgment of a justice of the peace, rendered against the plaintiff in this proceeding, on the ground that an appeal was *426improperly denied him. Neither the plaintiff ’s« writ, nor his claim in the proceeding before the justice come within the statute so as to make the case appealable, but it is insisted that the plea which the defendant in that suit filed as a defence was of such a nature as to bring the case within the provision of the statute allowing appeals in such cases, when such plea is filed in good faith. Whether in this instance the…
2Cases cited3 opinions
- Morse v. CrawfordSupreme Court of Vermont · 1845
- Tyler v. LathropSupreme Court of Vermont · 1832
- Harriman v. SwiftSupreme Court of Vermont · 1858
3Cited by1 opinion
- Scott v. DarlingSupreme Court of Vermont · 1894