Kidder v. Hadley
Supreme Court of Vermont
Audita Querela brought to set aside a judgment recovered by said Hadley, against the plaintiff, before a justice of the peace, on the 26th day of January, 1850. The plaintiff also filed an additional count, to which the defendant objected, and excepted. The defendant pleaded the general issue, and the case was tried by jury.
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Audita Querela brought to set aside a judgment recovered by said Hadley, against the plaintiff, before a justice of the peace, on the 26th day of January, 1850. The plaintiff also filed an additional count, to which the defendant objected, and excepted. The defendant pleaded the general issue, and the case was tried by jury. On trial, the plaintiff read in evidence, a certified copy of the justice writ and officer’s return thereon, and the record of the proceedings and judgment before the justice. It appeared from the return on said writ, that the same was served by an authorized person, by…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The questions in this case arise, upon two bills of exceptions, one allowed on a motion to dismiss, the other on the trial of the merits of the case. The motion to dismiss was properly overruled. The only cause assigned in the motion, is the neglect of the judge signing the writ, and granting the supersedeas, to take a copy of the whole process and recognizance, and to cause the same to be filed in the office of the county clerk. That duty is imposed Upon the judge by the statute, page 292, § 8, but the consequence resulting from a neglect in…
2Cases cited1 opinion
- Marvin v. WilkinsSupreme Court of Vermont · 1826
3Cited by4 opinions
- Wade v. Wade's Admr.Supreme Court of Vermont · 1908
- Harmon v. MartinSupreme Court of Vermont · 1880
- Hawley v. MeadSupreme Court of Vermont · 1880
- Rollins v. ClementSupreme Court of Vermont · 1876