French v. Steele
Supreme Court of Vermont
Audita Querela, to vacate a judgment and execution. The complaint was in substance as follows: that at the county court begun and holden at Guildhall, within and for the county of Essex, on the third Tuesday of December, 1837, the defendant recovered judgment in an action of book account, upon the report of auditors, against the complainant, for the sum of ninety seven dollars and seventy five cents debt or damages, and for the sum of seventy one dollars and fifty eight…
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Audita Querela, to vacate a judgment and execution. The complaint was in substance as follows: that at the county court begun and holden at Guildhall, within and for the county of Essex, on the third Tuesday of December, 1837, the defendant recovered judgment in an action of book account, upon the report of auditors, against the complainant, for the sum of ninety seven dollars and seventy five cents debt or damages, and for the sum of seventy one dollars and fifty eight cents costs of suit; that, at Guildhall, on the 22d day of January, 1838, the defendant, for a valuable consideration,…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
It appears, from the exceptions, that the plaintiff brought a writ of audita querela to be relieved from an execution in favor of the defendant, Steele, against him, which he alleged had been satisfied by a certain sealed contract, set forth, and a tender of a deed in pursuance of the terms thereof. On the trial, the plaintiff having offered evidence in support of his complaint, the county court directed a verdict for the plaintiff, but rendered a judgment for the defendant, on his motion, notwithstanding the verdict. This proceeding of…
2Cases cited2 opinions
- Smith v. SmithNew York Supreme Court · 1830
- Schermerhorn v. SchermerhornNew York Supreme Court · 1830
3Cited by3 opinions
- Lapham v. BriggsSupreme Court of Vermont · 1854
- Davis v. StreeterSupreme Court of Vermont · 1903
- Bradley Fertilizer Co. v. CaswellSupreme Court of Vermont · 1893