Radclyffe v. Barton

This is a writ of audita querela, dated September 24, 1891, to set aside a judgment obtained on May 20, 1889, in an action brought in the name of Barton against Radclyffe, and to recover as damages the sum of $1,872.88, with interest from June 29, 1889. After the action was begun, Barton died, and his executor was allowed to appear and defend.

At the trial in the Superior Court, before a single justice, the, following facts were proved or admitted. On June 11, 1878, an action was brought by Barton on a promissory note for $1,000, dated in 1873, signed by Radclyffe and indorsed by George M.…