Sawyer v. Vilas
Supreme Court of Vermont
Audita Querela, brought to set aside an execution issued by a justice of the peace, against the bodies of the complainants, in an action of debt on judgment in favor of the defendant against them. Trial by the court, — Royce, J., presiding, — upon a case stated. The facts agreed to were substantially as follows.
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Audita Querela, brought to set aside an execution issued by a justice of the peace, against the bodies of the complainants, in an action of debt on judgment in favor of the defendant against them. Trial by the court, — Royce, J., presiding, — upon a case stated. The facts agreed to were substantially as follows. On the 19th day of January, 1838, the complainant Sawyer, being then committed to jail in the county of Lamoille on an execution in favor of the defendant, Vilas, executed a jail bond jointly with the complainant Taylor. Sometime in the year 1838 there was a breach of the bond, and it…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The important question, presented for cur determination, in this case, relates to the regularity of the execution issued against the complainants. If the execution was wrongfully issued against their bodies, they should succeed with their audita querela.
The statute provides, that no person, who is a resident citizen of this State, shall be arrested upon an execution, issued upon a judgment recovered in an action founded upon a contract, express or implied, made or entered into since the first day of January, A. D. 1839. Judgments are…
2Cases cited1 opinion
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