Edwards v. Osgood
Supreme Court of Vermont
Audita querela to set aside a judgment rendered by a justice of the peace in favor of the defendant against the plaintiff.
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Audita querela to set aside a judgment rendered by a justice of the peace in favor of the defendant against the plaintiff. The declaration set forth, in substance, that on the 22d day of December, 1858, the defendant sued out a writ of attachment from Harvey Burbank, a justice of the peace, against the plaintiff, whereby the plaintiff, then defendant, was summoned to answer the defendant, then plaintiff, in a plea of the case, brought upon the 10th section of chapter 92 of the Compiled Statutes, for that the plaintiff therein on the 1st day of November, 1858, was pound keeper in the town of…
1Opinion of the Court
Redfield, Ch. J.
It having been held by this court that the •denial of an appeal by a justice court, in a case by law appeal-able, was just ground for setting aside the judgment, by audita querela, before the statute allowing a petition in such cases to the county court, (Taylor v. Lothrop, 5 Vt. 170,) the rule was not changed, upon the introduction of the new remedy, but has been repeatedly reaffirmed since. It is now too late to depart from that rule.
We are satisfied, that the action to recover the seventeen cents a day, for suffering one’s cattle impounded to remain in the pound, must be…
2Cases cited1 opinion
- Tyler v. LathropSupreme Court of Vermont · 1832
3Cited by5 opinions
- Guild v. PrentisSupreme Court of Vermont · 1910
- Morgan v. KroupaSupreme Court of Vermont · 1997
- Burnett v. WardSupreme Court of Vermont · 1869
- Deal v. PowellSupreme Court of Vermont · 1914
- Morgan v. KroupaSupreme Court of Vermont · 1997