Chase v. Scott
Supreme Court of Vermont
Audita Querela to set aside a judgment of- the county court for Franklin county, and an execution issued thereon, in favor of this defendant against this complainant and others.
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Audita Querela to set aside a judgment of- the county court for Franklin county, and an execution issued thereon, in favor of this defendant against this complainant and others. The complainant alleged that he and others were attached' to answer to this defendant, before a justice of the peace ; that he was an infant under the age of twenty-one years; that, on the hearing of the case before said justice, the complainant did not appear in person, nor by guardian, and that no guardian ad litem was, by said justice, appointed to appear for him ; that a judgment was rendered by said justice…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
It would seem from the case of Corbett v. Barnes, Cro. Ch. 443, that, in audita querela, all the parties to the judgment should properly join, whenever the defect or irregularity, complained of, goes to the foundation of the judgment or affects the interest of all. In regard to writs of error, too, it is well settled that if one bring the writ, it must be done in the name of all the parties to the original judgment, and an opportunity must be given to all to join in assigning errors, but those who decline thus to join, upon proper summons,…
2Cases cited1 opinion
- Mason & Hale v. Denison & DenisonCourt for the Trial of Impeachments and Correction of Errors · 1835
3Cited by2 opinions
- Starbird v. MooreSupreme Court of Vermont · 1848
- Johnson v. PlimptonSupreme Court of Vermont · 1858