Hawley v. Mead
Supreme Court of Vermont
Audita Querela to set aside a judgment of a justice of the peace whereby one was adjudged chargeable as trustee of the plaintiff in an action at suit of the defendant. Plea, general issue, and trial by the court, September Term, 1879, Royce, J., presiding.
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Audita Querela to set aside a judgment of a justice of the peace whereby one was adjudged chargeable as trustee of the plaintiff in an action at suit of the defendant. Plea, general issue, and trial by the court, September Term, 1879, Royce, J., presiding. The plaintiff introduced in evidence a certified copy of the justice’s record, whereby it appeared that he was in that action set up as of St. Armand, Province of Quebec, that service of process on him was made only by leaving a copy thereof for him with the trustee, and that he did not appear and was defaulted. He also introduced evidence…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
This is audita querela to set aside a justice judgment rendered in a trustee suit. The defendant Hawley in that suit was set up in the writ as of St. Armand, Province of Quebec, and a copy of the writ was left with the trustee for him, and was served on him in no other way. The justice record shows that on the return day of the writ the defendant did not appear and was defaulted. The exceptions state that the County Court found upon parol evidence received under objection, that the defendant in the justice suit received from the trustee the…
2Cases cited2 opinions
- Kidder v. HadleySupreme Court of Vermont · 1853
- Rollins v. ClementSupreme Court of Vermont · 1876
3Cited by2 opinions
- Wade v. Wade's Admr.Supreme Court of Vermont · 1908
- James R. Hill & Co. v. WarrenSupreme Court of Vermont · 1881