Sutton v. Tyrrell
Supreme Court of Vermont
This ■ was an Audita Querela, brought to set aside a writ of execution, which issued on a judgment rendered by Truman Barney, a justice of the peace, in favor of the defendant in this suit, against the complainants in a suit brought by the defendant against the complainants, because the complainants, as they alleged, had been deprived of their day in court, in the suit before said justice Barney, by the wrongful act of the defendant. Plea — Not Guilty. Issue to the country.
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This ■ was an Audita Querela, brought to set aside a writ of execution, which issued on a judgment rendered by Truman Barney, a justice of the peace, in favor of the defendant in this suit, against the complainants in a suit brought by the defendant against the complainants, because the complainants, as they alleged, had been deprived of their day in court, in the suit before said justice Barney, by the wrongful act of the defendant. Plea — Not Guilty. Issue to the country. Upon the trial of the cause in the County Court, the complainants offered evidence, tending to prove, that on the day of…
1Opinion of the Court
The opinion of the Court was delivered by
Collameri, J.
This is an audita querela to set aside an execution and recover daipag.es, on the ground that there i? no judgment, or an •irregular judgment, on which such execu; tign issued; for this, that the complainants sent a person to, answer to the suit before the justice and appeal the same, whose authority to appear being objected to by the opposite side, on the ground that he was not an attorney of record, and presented no written power of attorney, his appearance was denied by said Justice, and a judgment rendered by default, on which…
2Cited by4 opinions
- Spaulding v. SwiftSupreme Court of Vermont · 1846
- Foster v. AustinSupreme Court of Vermont · 1861
- Amidon v. AikenSupreme Court of Vermont · 1856
- Eleventh School District v. RoodSupreme Court of Vermont · 1855