Harmon v. Martin
Supreme Court of Vermont
Audita Querela to set aside a judgment of a justice of the peace. No plea was filed, but the case was referred, and the referee reported the following facts : On June 24, 1876, the defendant sued out a writ of attachment against the plaintiff Harmon, who then and ever after resided in Manchester, New Hampshire.
Read the full summary
Audita Querela to set aside a judgment of a justice of the peace. No plea was filed, but the case was referred, and the referee reported the following facts : On June 24, 1876, the defendant sued out a writ of attachment against the plaintiff Harmon, who then and ever after resided in Manchester, New Hampshire. The writ was signed by Benjamin Fairchild, a justice of the peace within and for the County of Chittenden, and was returnable before him in Milton in that county, on the 4th Tuesday of July. The plaintiff Caswell of Milton, then administrator of the estate of Harmon’s father, was…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
The rule is established by repeated decisions in this State that where the judgment is by default against a defendant who was without the State when the writ was served, and is without notice to him, and the plaintiff enters into no recognizance to refund upon a writ of review, as required by statute, Gen. Sts. c. 31, s. 52, the defendant is entitled to have the same vacated upon audita querela; and this remedy exists notwithstanding the statute providing a remedy by petition for new trial; Alexander v. Abbott, 21 Vt. 476 ; Whitney v. Silver,…
2Cases cited9 opinions
- Wing v. CooperSupreme Court of Vermont · 1864
- Briggs v. OaksSupreme Court of Vermont · 1853
- Bartlett v. BoydSupreme Court of Vermont · 1861
- Glover v. ChaseSupreme Court of Vermont · 1855
- Alexander v. AbbottSupreme Court of Vermont · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Standard Oil Co. v. ArnestadNorth Dakota Supreme Court · 1896
- Deal v. PowellSupreme Court of Vermont · 1914