Tyler v. Lathrop
Supreme Court of Vermont
This was an Audita Querela, Brought to the County Court-, and comes up on exceptions. The only questions, presented in this'case, are, whether the present complainants, the original defendants, were-entitled to an appeal, and, if not, whether Audita Querela is the correct remedy.
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This was an Audita Querela, Brought to the County Court-, and comes up on exceptions. The only questions, presented in this'case, are, whether the present complainants, the original defendants, were-entitled to an appeal, and, if not, whether Audita Querela is the correct remedy. The- action was brought upon a note for the sum of twenty-one dollars and seventy cents, bearing interest; on which there was an indorsement, reducing the sum due, to about seventeen, dollars, for which the Magistrate rendered judgement. The defendants prayed for an appeal within the two hours allowed by law, and…
1Opinion of the Court
The opinion of the Court was pronounced by
Hutchinson C. J.
We think the appeal ought to have been allowed. The Statute, see p. 139, allows appeals generally, and adds provisoes, one of which is, “that no appeal shall be allowed in any action, brought on notes or settled accounts, if such notes or settled accounts shall not exceed the sum of twenty dollars.” This has no reference to the sum remaining due upon such notes, like the *172Statute, which regulates the original jurisdiction of Justices, 0f the Peace. The action is appealable, if the note, or notes exceed the sum of twenty dollars. Such…
2Cited by10 opinions
- Comstock v. GroutSupreme Court of Vermont · 1845
- Edwards v. OsgoodSupreme Court of Vermont · 1860
- Harriman v. SwiftSupreme Court of Vermont · 1858
- Alexander v. AbbottSupreme Court of Vermont · 1849
- Phelps v. BulkeleySupreme Court of Vermont · 1847
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