Comstock v. Grout
Supreme Court of Vermont
Audita Querela. The complainant alleged in his complaint, in substance, that judgment was recovered against himself and one King, by the defendant, Grout, at the March Term of the Supreme Court in Orange County, 1842, in an action of tort, and that the court also adjudged that the cause of action arose from the wilful and malicious act of the defendants in that suit, and that they ought to be confined in close jail, a certificate of which was duly indorsed by the clerk upon…
Read the full summary
Audita Querela. The complainant alleged in his complaint, in substance, that judgment was recovered against himself and one King, by the defendant, Grout, at the March Term of the Supreme Court in Orange County, 1842, in an action of tort, and that the court also adjudged that the cause of action arose from the wilful and malicious act of the defendants in that suit, and that they ought to be confined in close jail, a certificate of which was duly indorsed by the clerk upon the execution which issued on said judgment; that the defendant, Grout, Caused the complainant to be arrested by virtue…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
This is an audita querela, brought to set aside an execution, upon which the complainant was committed to jail, in Washington County. The judgment was rendered at the March Term of this court, 1842; the complainant'was committed to jail upon the execution April 4, 1842; and on the first day of September, 1842, he obtained . his discharge in bankruptcy. The complainant farther alleges that the defendant had notice of this discharge, and that he refused to release him from his imprisonment. To this complaint there is a general demurrer; and…
2Cases cited7 opinions
- Brackett v. WinslowMassachusetts Supreme Judicial Court · 1821
- Tyler v. LathropSupreme Court of Vermont · 1832
- Dodge v. HubbellSupreme Court of Vermont · 1829
- Little v. CookSupreme Court of Vermont · 1826
- In re ComstockDistrict Court, D. Vermont · 1842
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Town of Woodstock v. Town of HartlandSupreme Court of Vermont · 1849
- Burnham v. PidcockNew York Supreme Court · 1900
- McKittrick v. CahoonSupreme Court of Minnesota · 1903
- In re WiggersDistrict Court, N.D. Illinois · 1868
- Deal v. PowellSupreme Court of Vermont · 1914
5 more not listed; retrieve them via the Exa API.