Porter v. Vaughn
Supreme Court of Vermont
Audita Querela. The Complainant alledged in bis declaration, that at the April term of the Eutland County Court, 1844, the said Jirah Vaughn recovered judgment against the complainant, for the sum of $1268.66, damages, and the sum of $20.19, costs of suit; which judgment so entered, was by consent of parties under the following rule of court: that no execution issued until after the adjourned court of chancery, — judgment to remain subject to said court of chancery as to…
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Audita Querela. The Complainant alledged in bis declaration, that at the April term of the Eutland County Court, 1844, the said Jirah Vaughn recovered judgment against the complainant, for the sum of $1268.66, damages, and the sum of $20.19, costs of suit; which judgment so entered, was by consent of parties under the following rule of court: that no execution issued until after the adjourned court of chancery, — judgment to remain subject to said court of chancery as to further stay, until the determination of suit, then and still pending in said court of chancery, between complainant and…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The questions in this case arise upon a general demurrer, and it is insisted on the part of the defendant that this writ cannot be sustained upon the facts set forth in the complaint.
The -writ of audita querela was considered by this court in the case of Staniford v. Barry, 1 Aik. Rep. 323, to be in the nature of a bill in equity, and designed to afford specific and certain relief from the wrongful acts of a party who is seeking to enforce the final process of a court of law, in cases where it has become illegal and inequitable to have it thus…
2Cases cited2 opinions
- Staniford v. BarrySupreme Court of Vermont · 1825
- Fletcher v. MottSupreme Court of Vermont · 1826
3Cited by3 opinions
- Betts v. JohnsonSupreme Court of Vermont · 1896
- Catlin v. Merchants BankSupreme Court of Vermont · 1864
- Folan v. FolanSupreme Judicial Court of Maine · 1871