Starkey v. Waite
Supreme Court of Vermont
Audita Querela to set aside an execution issued on a judgment of the Supreme Court for Windham County. The facts are stated in the opinion. No express judgment for costs was rendered in either the county or supreme court. Hence, the question is, whether costs are incident to such a judgment as was rendered. Even though costs in the supreme court were recoverable, yet the petition is well grounded since the execution covers the costs in both courts.
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Audita Querela to set aside an execution issued on a judgment of the Supreme Court for Windham County. The facts are stated in the opinion. No express judgment for costs was rendered in either the county or supreme court. Hence, the question is, whether costs are incident to such a judgment as was rendered. Even though costs in the supreme court were recoverable, yet the petition is well grounded since the execution covers the costs in both courts. Replevin sounds in damages. If none are awarded the plaintiff by verdict or judgment he is not a “recovering party” within the meaning of the…
1Opinion of the CourtRoss, C. J.
This is audita querela to have an execution set aside, issued on a judgment, rendered by this court, at its January Term, 1896, in favor of the defendant against the plaintiff. In that action, the defendant caused to be replevied, a horse, on the claim that it was exempt from *195attachment, which the plaintiff, as deputy sheriff, had attached on a writ in favor of a creditor of the defendant. The replevin suit was tried in the county court, by the jury, who returned a verdict, “That the defendant is guilty in manner and form as the plaintiff in his declaration has alleged.” On this verdict, a…
2Cases cited7 opinions
- Fullam v. StearnsSupreme Court of Vermont · 1857
- Cole v. DrewSupreme Court of Vermont · 1871
- Paul v. SlasonSupreme Court of Vermont · 1850
- E. & T. Fairbanks & Co. v. KittredgeSupreme Court of Vermont · 1850
- Stevens v. BriggsSupreme Court of Vermont · 1842
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jarvis v. DePezaMassachusetts Supreme Judicial Court · 1925
- Nichols v. Central Vermont Railway Co.Supreme Court of Vermont · 1919