Harriman v. Swift
Supreme Court of Vermont
Audita Querela to vacate a judgment, and supersede an execution issued thereon, rendered by a justice of the peace in favor of the defendant against the plaintiff. The grounds of relief alleged in the declaration are sufficiently set forth in the opinion of the court.
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Audita Querela to vacate a judgment, and supersede an execution issued thereon, rendered by a justice of the peace in favor of the defendant against the plaintiff. The grounds of relief alleged in the declaration are sufficiently set forth in the opinion of the court. The case was referred, and the referees reported the following facts : The defendant brought two suits against the plaintiff, before Asa Dunbar, Esq., a justice of the peace, both of which were set for trial on the same day, one at ten o’clock in the forenoon, and the other at one o’clock in the afternoon. The first suit was…
1Opinion of the CourtBarrett, J.
The audita querela in this case is brought on the ground, in one count, that the plaintiff was unjustly, through the fraudulent practices of the defendant, denied an appeal *388justice of the peace, by whom judgment was rendered in favor of this defendant against this plaintiff, and in the second count, that through the fraudulent practices of the defendant, the justice was induced to, and did improperly allow, in the taxation of costs, for the travel and attendance of one witness, and said improper allowance was embraced in the judgment for costs rendered in favor of this defendant against this…
2Cases cited3 opinions
- Tyler v. LathropSupreme Court of Vermont · 1832
- Griswold v. Town of RutlandSupreme Court of Vermont · 1851
- Spear v. FlintSupreme Court of Vermont · 1845
3Cited by5 opinions
- Nicholas v. Estate of NicholasSupreme Court of Vermont · 1907
- Green v. J. H. McLoud Co.Supreme Court of Vermont · 1913
- Bradish v. RedwaySupreme Court of Vermont · 1862
- Clough & Robinson v. BrownSupreme Court of Vermont · 1865
- Rickard v. FiskSupreme Court of Vermont · 1894