Titlemore v. Wainwright
Supreme Court of Vermont
Audita Querela. The complaint alleged that the defendants had commenced an action against the plaintiff and one Stinehour, on a note in which said Stinehour was principal and the plaintiff surety ; that on the return day of the writ the parties appeared, and the case was continued to a day fixed ; that before that day arrived, the justice, without the knowledge of the plaintiff, and by the procurement of the defendant, and in pursuance of a- fraudulent agreement between the…
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Audita Querela. The complaint alleged that the defendants had commenced an action against the plaintiff and one Stinehour, on a note in which said Stinehour was principal and the plaintiff surety ; that on the return day of the writ the parties appeared, and the case was continued to a day fixed ; that before that day arrived, the justice, without the knowledge of the plaintiff, and by the procurement of the defendant, and in pursuance of a- fraudulent agreement between the defendant and ¡Stinehour, took up the case, .and ¡entered up judgment, and issued execution thereon against the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The complaint in this case sets forth either fraud or misconduct of the court rendering the judgment. By the rules of the common law, a judgment of a court of competent jurisdiction cannot, in this way, be inquired into, or impeached. If the proceedings of the court were irregular, they could be examined by a superior court on a writ of error ; and if that remedy is taken away by statute, as it is by our statute, it does not follow that an audita querela will lie. The principles of law, as recognized and laid down in the case of Dodge…
2Cases cited1 opinion
- Dodge v. HubbellSupreme Court of Vermont · 1829
3Cited by2 opinions
- Starbird v. MooreSupreme Court of Vermont · 1848
- Johnson v. PlimptonSupreme Court of Vermont · 1858