Hutchinson v. Pettes
Supreme Court of Vermont
Trespass on the Case against the defendant, as sheriff, for default in serving a writ of audita querela. The plaintiff alleged, in his declaration, that the intestate, Clark, in August, 1837, sued out a writ of audita querela against the National Hydraulic Company, and delivered it to the defendant to serve; that the defendant made a defective service, and the company pleaded the same in abatement, and judgment was ultimately rendered, by the Supreme Court, that the writ…
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Trespass on the Case against the defendant, as sheriff, for default in serving a writ of audita querela. The plaintiff alleged, in his declaration, that the intestate, Clark, in August, 1837, sued out a writ of audita querela against the National Hydraulic Company, and delivered it to the defendant to serve; that the defendant made a defective service, and the company pleaded the same in abatement, and judgment was ultimately rendered, by the Supreme Court, that the writ abate; whereby Clark was compelled to pay to the defendants in that suit a large bill of cost, and was also compelled to…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
That the law gave the attorneys, or counsel, of Clark, the plaintiff’s intestate, alien on his judgment against the Hydraulic Company, while the same remained in force, admits of no doubt. But that judgment was reversed upon the plea in abatement, originally interposed by the company, and Clark was left with a right of action against this defendant, for making defective service of the writ against the company. That right of action is asserted in the present suit; and the question is, whether a lien upon the suit and cause of action, was…
2Cases cited2 opinions
- Ordway v. BaconSupreme Court of Vermont · 1842
- Hutchinson v. LullSupreme Court of Vermont · 1844
3Cited by5 opinions
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Smith v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1881
- Edwards v. GoldingSupreme Court of Vermont · 1847
- Hooper v. WelchSupreme Court of Vermont · 1870
- Kern v. Chicago, M. & P. S. Ry. Co.District Court, W.D. Washington · 1912