Commonwealth v. Kimball
Massachusetts Supreme Judicial Court
Indictment for perjury, alleging that the defendant, having been taken on execution upon a judgment recovered against him in the superior court for Suffolk by John M. Way, and having sued out of said court a writ of audita querela against Way, tc set aside all proceedings under the execution, “ made application, by a petition in writing, to said superior court, praying that a writ of supersedeas might issue from said court to stay proceedings under said execution until a…
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Indictment for perjury, alleging that the defendant, having been taken on execution upon a judgment recovered against him in the superior court for Suffolk by John M. Way, and having sued out of said court a writ of audita querela against Way, tc set aside all proceedings under the execution, “ made application, by a petition in writing, to said superior court, praying that a writ of supersedeas might issue from said court to stay proceedings under said execution until a final hearing could be had under said writ of audita querela ; ” that the defendant “ was then and there lawfully required…
1Opinion of the CourtColt, J.
It appeared by the records and papers m evidence, that, after the defendant had sued out Ms writ of audita querela, and it had been regularly served, he made written application to the superior court, where the case was pending, for a writ termed by him in his application a writ of supersedeas, and praying for a stay of proceedmgs under the execution which he was seeMng to annul, until the final hearing could be had. The facts upon wMch his petition was founded are therein fully set forth.
The superior court has power, after the issuing of a writ of audita querela, to “ issue any writ of…
2Cases cited2 opinions
- Commonwealth v. HatfieldMassachusetts Supreme Judicial Court · 1871
- United States v. BabcockU.S. Circuit Court for the District of Michigan · 1846
3Cited by4 opinions
- Komp v. StateWisconsin Supreme Court · 1906
- Lappley v. StateWisconsin Supreme Court · 1919
- State v. CasalaSupreme Court of Rhode Island · 1974
- Commonwealth v. CalhaneMassachusetts Supreme Judicial Court · 1872