Legal Opinion

Jenney v. Glynn

Supreme Court of Vermont

Decided February 15, 1839PublishedCited by 3 opinions

Audita querela, to set aside a judgment of the county-court. The complainant, for himself and the town of Chester, in his writ complained, that on the twenty first day of September, 1836, at Chester, he commenced his action against the said Glynn, by a writ, dated the same 21st day of September-aforesaid, signed by Nomlas Cobb, then one of the justices of the peace for the county of Windsor, and made returnable before said justice on the 20th day of October then following,…

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Audita querela, to set aside a judgment of the county-court. The complainant, for himself and the town of Chester, in his writ complained, that on the twenty first day of September, 1836, at Chester, he commenced his action against the said Glynn, by a writ, dated the same 21st day of September-aforesaid, signed by Nomlas Cobb, then one of the justices of the peace for the county of Windsor, and made returnable before said justice on the 20th day of October then following, at said Chester, which said writ was served on said Glynn according to law; in and by which said writ, the said Jenney…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

— The question presented is, whether the facts, set forth in the plaintiff’s complaint, entitle him to a remedy by the process of audita querela. He places his right to relief in this form upon two grounds:—

1. That the written notice alone operated at once to discontinue the former suit.

*4822. That the notice and tender, combined, must have had that effect, if the notice itself had not.

We have no occasion at present to decide, what would be the effect of such a notice, in reference to this sort of remedy, if given by the party before entering his…

2Cited by3 opinions

  1. Connecticut & Passumpsic Rivers Railroad v. NewellSupreme Court of Vermont · 1858
  2. Dunklee v. GoodenoughSupreme Court of Vermont · 1893
  3. Foster v. AustinSupreme Court of Vermont · 1861

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