Legal Opinion

Witherell v. Goss & Delano

Supreme Court of Vermont

Decided November 15, 1854PublishedCited by 5 opinions

Audita Querela, brought to set aside the judgment of a justice of the peace, on the ground that the complainant had no notice of the suit, except such as was conveyed to him by a copy, in which he was notified to appear at L. Henry’s office in Waterbury, on the 19th day of February, 1853, at one o’clock, P. M.; and that the complainant, on said 19th day of February, 1853, repaired to said Waterbury, to make defense withhis counsel and witnesses, and about two o’clock, P. M.,…

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Audita Querela, brought to set aside the judgment of a justice of the peace, on the ground that the complainant had no notice of the suit, except such as was conveyed to him by a copy, in which he was notified to appear at L. Henry’s office in Waterbury, on the 19th day of February, 1853, at one o’clock, P. M.; and that the complainant, on said 19th day of February, 1853, repaired to said Waterbury, to make defense withhis counsel and witnesses, and about two o’clock, P. M., went to the office of said Henry, who was the attorney of said Goss & Delano, and there demanded to be heard in said…

1Opinion of the Court

The opinion of the court was delivered by

IsHAar, J.

The judgment of the county court in this case must be affirmed. It is admitted by the demurrer, that the process in favor of Goss & Delano v. "Witherell, was returnable on the 19th of February, 1853, at 9 o’clock in the forenoon; that it was duly served by a deputy sheriff; and that from the officer’s return on the precept, it appears, a true and attested copy of the writ, with the officer’s return, was left with this complainant. Under this return of the officer, it was the duty of the justice on the re urn day of the writ, to render his…

2Cases cited2 opinions

  1. Barrett v. CopelandSupreme Court of Vermont · 1844
  2. Staniford v. BarrySupreme Court of Vermont · 1825

3Cited by5 opinions

  1. McKinstry v. CollinsSupreme Court of Vermont · 1904
  2. Reid, Murdock & Co. v. MercurioMissouri Court of Appeals · 1902
  3. Kimball v. KeltonSupreme Court of Vermont · 1881
  4. Town of Windham v. Town of ChesterSupreme Court of Vermont · 1873
  5. Phillips v. ElwellOhio Supreme Court · 1863

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