Eastman v. Waterman
Supreme Court of Vermont
Audita Querela, to vacate the judgment of a justice of the peace. It appeared on the trial, that on the 26th day of April, A. D. 1851, the defendant sued out a writ, before George W. Prichard Esq., a justice of the peace, for the county of Orange, returnable on the 10 th day of May, 1851; that said writ bore date, as appears by the writ, April 28th; but was served, as appears by the officer’s return, April 26,1851. That said Eastman & Paige were residents of Massachusetts,…
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Audita Querela, to vacate the judgment of a justice of the peace. It appeared on the trial, that on the 26th day of April, A. D. 1851, the defendant sued out a writ, before George W. Prichard Esq., a justice of the peace, for the county of Orange, returnable on the 10 th day of May, 1851; that said writ bore date, as appears by the writ, April 28th; but was served, as appears by the officer’s return, April 26,1851. That said Eastman & Paige were residents of Massachusetts, and that some five years ago they had a job upon the Passumpsic Eailroad, and had been absent some two years when the…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The writ on which the judgment was rendered in favor of Waterman against Eastman & Paige, was served by the attachment of property, and a copy left at the place where the property was attached, as the defendants were residents of Massachusetts, and had no known agent or attorney residing in this state. The Comp. Stat. 236 § 57, 58, renders it the duty of the justice, under such circumstances, to continue the case for a term not exceeding one month, for the purpose of notifying the defendants of the commencement and pendency of the suit; and in…
2Cases cited6 opinions
- Crawford v. CheneySupreme Court of Vermont · 1840
- Little v. CookSupreme Court of Vermont · 1826
- Nye v. KellamSupreme Court of Vermont · 1846
- Whitney v. SilverSupreme Court of Vermont · 1850
- Barnard v. FlandersSupreme Court of Vermont · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gilbert v. VailSupreme Court of Vermont · 1888
- Farr v. LaddSupreme Court of Vermont · 1864
- James R. Hill & Co. v. WarrenSupreme Court of Vermont · 1881
- In re BodwellSupreme Court of Vermont · 1894
- Stratton v. LyonsSupreme Court of Vermont · 1880