Paddleford v. Bancroft
Supreme Court of Vermont
Audita Querela, to vacate the judgment of a justice of the peace. It was alleged in the first count in the declaration, that the complainant, on the sixth day of September, 1842, preferred his petition to the district court of the United States for the district of Vermont, praying for the benefit of the bankrupt act of 1841, and was, on the sixth day of October, 1842, duly declared a bankrupt, and on the twenty second of June, 1843, received his certificate of discharge;…
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Audita Querela, to vacate the judgment of a justice of the peace. It was alleged in the first count in the declaration, that the complainant, on the sixth day of September, 1842, preferred his petition to the district court of the United States for the district of Vermont, praying for the benefit of the bankrupt act of 1841, and was, on the sixth day of October, 1842, duly declared a bankrupt, and on the twenty second of June, 1843, received his certificate of discharge; that Bancroft & Riker, on the eighteenth of March, 1843, sued out a writ in their favor against the complainant, in an…
1Opinion of the Court
The opinion of the court was delivered by
Red weld, J.
The first question made in the present case, that the files in the former «ase between the parties were admitted in evidence in this case, together with the minutes made thereon and signed by the justice, and also the second objection, that the justice was improperly admitted to testify in relation to the manner of such minutes being made and by whom made, seem based upon the same general ground, viz., that the judgment is conclusive and not to be examined. But it seems tous, that when audita querela is brought, alleging the fraudulent…
2Cases cited6 opinions
- Crawford v. CheneySupreme Court of Vermont · 1840
- Brown v. StacySupreme Court of Vermont · 1837
- Phelps v. BirgeSupreme Court of Vermont · 1839
- Eddy v. CochranSupreme Court of Vermont · 1826
- Pike v. HillSupreme Court of Vermont · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Capital Savings Bank & Trust Co. v. HammettSupreme Court of Vermont · 1921
- James R. Hill & Co. v. WarrenSupreme Court of Vermont · 1881
- Wescott v. BriereSupreme Court of Vermont · 1941
- Briggs v. GreenSupreme Court of Vermont · 1861
- Godfrey v. DownerSupreme Court of Vermont · 1875
1 more not listed; retrieve them via the Exa API.