Thompson v. Morrison
Supreme Court of Vermont
Audita Querela to set aside a judgment of the county court. Trial by court at the March Term, 1910, Washington County. Butler, J., presiding. Judgment for the defendant. The-plaintiff excepted. The opinion states the case. If a judgment of non-suit is properly set aside, it must be done at the same term at which it is rendered. Biggs v. Chester, 2 Cranch’s C. C. 637; Hunt v. Griffin, 49 Miss. 742; Nichols v. Hazel, 18 Fed.
Read the full summary
Audita Querela to set aside a judgment of the county court. Trial by court at the March Term, 1910, Washington County. Butler, J., presiding. Judgment for the defendant. The-plaintiff excepted. The opinion states the case. If a judgment of non-suit is properly set aside, it must be done at the same term at which it is rendered. Biggs v. Chester, 2 Cranch’s C. C. 637; Hunt v. Griffin, 49 Miss. 742; Nichols v. Hazel, 18 Fed. No. 10230; 14 Cyc. 422; 1 Black on Judgments, §306; Loney v. Bailey & Caldwell, 43 Md. 10; Buchanan v. Tomason, 70 Ala. 401; Smith v. Wilson, 26 111. 186; Spafford v.…
1Opinion of the CourtHaselton, J.
This is an action of audita querela. On facts found by the county court judgment was rendered for the defendant. The plaintiff excepted.
August 3, 1908, Morrison, the defendant herein, brought an action of justice’s ejectment against Thompson for nonpayment of rent. The action was brought before the city court of Barre and Morrison there obtained judgment. Thompson appealed to the Washington County court, and the appeal was duly entered.
No appearance for Morrison was noted on the docket of the court, and at the September Term he was non-suited. At the ensuing March Term, and on the 18th day of…
2Cases cited10 opinions
- Mosseaux v. BrighamSupreme Court of Vermont · 1847
- Farmers' Mutual Fire Insurance v. ReynoldsSupreme Court of Vermont · 1880
- Johnson v. ShumwaySupreme Court of Vermont · 1893
- Scott v. StewartSupreme Court of Vermont · 1833
- Nicholas v. Estate of NicholasSupreme Court of Vermont · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McDurfee v. BuckSupreme Court of Vermont · 1935