Wrisley v. Kenyon
Supreme Court of Vermont
Audita Querela to set aside a judgment recovered before a justice of the peace, in favor of the defendant against the complainants, on the ground that the complainant Charles Wrisley was a minor, and appeared only by attorney, and had no guardian ad litem appointed to appear and defend for him. Plea, the general issue; trial by the court, March Term, 1855, — Poland, J., presiding.
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Audita Querela to set aside a judgment recovered before a justice of the peace, in favor of the defendant against the complainants, on the ground that the complainant Charles Wrisley was a minor, and appeared only by attorney, and had no guardian ad litem appointed to appear and defend for him. Plea, the general issue; trial by the court, March Term, 1855, — Poland, J., presiding. Certified copies of the record of the justice were introduced, from which it appeared that the suit was for a trespass committed by the complainants jointly, and it was admitted that, at the time of the rendition of…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
This writ of audita querela is brought to vacate a judgment which was rendered against the complainants in favor of Mr. Kenyon. The ground of complaint is, that Charles Wrisley, one of the defendants in that suit, was an infant, that he appeared by attorney, and that no guardian ad litem was appointed by the court. It appears from the case, however, as well as from the record of the justice, that Eleazer D. Wrisley was the father and natural guardian of the minor, that the suit was prosecuted to judgment against them both, that they appeared…
2Cases cited3 opinions
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Robinson v. SwiftSupreme Court of Vermont · 1830
- Comstock v. CarrNew York Supreme Court · 1831
3Cited by6 opinions
- Johnson v. WaterhouseMassachusetts Supreme Judicial Court · 1891
- Labell v. QuasdorfSupreme Court of New Jersey · 1936
- Adams v. CookSupreme Court of Vermont · 1917
- State v. StarkSupreme Court of Iowa · 1911
- Trolinger v. CluffIdaho Supreme Court · 1936
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