French v. White
Supreme Court of Vermont
Audita Querela by the trustee in bankruptcy of the bankrupt estate of Henry S. Mackay, to vacate a judgment, and execution issued thereon, rendered at the September Term, 1901, Washington County Court. Plea, the general issue. Trial by court at the September Term, 1904, Washington County, Rowell, J., presiding. Judgment that said judgment and exeqution be both set aside and held for nought, and that the plaintiff recover his costs. The defendant excepted.
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Audita Querela by the trustee in bankruptcy of the bankrupt estate of Henry S. Mackay, to vacate a judgment, and execution issued thereon, rendered at the September Term, 1901, Washington County Court. Plea, the general issue. Trial by court at the September Term, 1904, Washington County, Rowell, J., presiding. Judgment that said judgment and exeqution be both set aside and held for nought, and that the plaintiff recover his costs. The defendant excepted. A trustee cannot avail himself of audita querela. Braynards v. Burpee, 27 Vt. 616. Attaching creditors cannot resort to audita querela.…
1Opinion of the CourtWatson, J.
On the 22d day of April, 1899, Henry S. Mackay was adjudged a bankrupt under the United States bankruptcy laws, before the District Court of the United *92States, in the District of Massachusetts, and the plaintiff was appointed sole trustee of the bankrupt estate. At that time Mackay was the owner of two hundred twenty shares of the capital stock of the Vermont Granite Company, represented by two certificates issued to him, one numbered 25 for ninety shares and one numbered 26 for one hundred thirty shares. The Vermont Granite Company is a corporation organized under the laws of this State and…
2Cases cited12 opinions
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