Legal Opinion

Johnson v. Plimpton

Supreme Court of Vermont

Decided February 15, 1858PublishedCited by 2 opinions

Audita Querela. The complainants alleged that the defendant brought an action returnable before one Hall, a justice of the peace, on the third Monday in May 1853, against Davis, principal debtor, and Johnson, trustee, that Davis being absent from the state and having had no notice of the suit, it was, on the return day, in the absence of justice Hall, continued by another justice to the 30lh of May, 1853,' when, it was continued by justice Hall to the fourth Monday in…

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Audita Querela. The complainants alleged that the defendant brought an action returnable before one Hall, a justice of the peace, on the third Monday in May 1853, against Davis, principal debtor, and Johnson, trustee, that Davis being absent from the state and having had no notice of the suit, it was, on the return day, in the absence of justice Hall, continued by another justice to the 30lh of May, 1853,' when, it was continued by justice Hall to the fourth Monday in August, 1853, at which time it was again continuecl till the 19th of September following, at 1 o’clock, P. M., when, both…

1Opinion of the Court

The opinion of the court was delivered by

Aldis, J.

This is a writ of audita querela brought by a trus*422tee to vacate a judgment obtained against him, upon the ground of an alleged fraud by this defendant, in procuring it. The principal debtor is joined with the trustee in the complaint, and the judgment against the principal debtor is also attempted to be vacated, upon the ground, first, that the continuances of the original suit, which are stated in the complaint, were for a longer period than the law authorizes, and second, that the recognizance required by the statute before issuing execution…

2Cases cited2 opinions

  1. Chase v. ScottSupreme Court of Vermont · 1842
  2. Titlemore v. WainwrightSupreme Court of Vermont · 1844

3Cited by2 opinions

  1. Stevenson v. Standard Adding Machine Co.Missouri Court of Appeals · 1910
  2. Harmon v. MartinSupreme Court of Vermont · 1880

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