Warner v. Crane
Supreme Court of Vermont
Audita Querela. The complaint alleged that the defendant brought his action against the complainant for a default, as constable, in not talcing sufficient bail on a writ put into his hands by the defendant, and that, when the case was on trial in the county court, the complainant insisting that a part of the judgment, recovered by the defendant in the original suit, had been paid by the defendants in that suit, and ought therefore to be deducted from the damages to be…
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Audita Querela. The complaint alleged that the defendant brought his action against the complainant for a default, as constable, in not talcing sufficient bail on a writ put into his hands by the defendant, and that, when the case was on trial in the county court, the complainant insisting that a part of the judgment, recovered by the defendant in the original suit, had been paid by the defendants in that suit, and ought therefore to be deducted from the damages to be assessed against the complainant, the defendant conceded that it was so, and the Gourt rendered judgment in favor of the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
Iir this case, Warner, the complainant,' has brought a writ of audita querela to be relieved from a judgment recovered by Thaddeus Crane, in his life time, .against the complainant, Warner. The error complained of, and- for which .relief was sought in the audita qieerela, was that the clerk entered a judgment against the said Warner, and in favor of the said Crane, for a larger sum than he was entitled to, The judgment was affirmed in the supr.eme' court in this county, and the ' execution' issued from this court. ' This writ of audita…
2Cases cited1 opinion
- Gleason v. PeckSupreme Court of Vermont · 1840
3Cited by3 opinions
- Powers v. Powers' EstateSupreme Court of Vermont · 1885
- Ross v. ShurtleffSupreme Court of Vermont · 1882
- Abraham, Exr. v. Jones, Admr.Supreme Court of Vermont · 1935