Folsom v. Conner
Supreme Court of Vermont
Audita Querela to set aside the judgment of a justice of the peace. Plea, the general issue, and trial by the court, September Term, 1875, Redfield, J., presiding.
Read the full summary
Audita Querela to set aside the judgment of a justice of the peace. Plea, the general issue, and trial by the court, September Term, 1875, Redfield, J., presiding. It appeared that in February, 1869, the plaintiff, then a resident of this state, removed with his family to Nebraska, and there took up his residence, thereafter having no place of abode in this state; that the suit in which the judgment in question was rentiered, was brought after his removal, and that he had no knowledge thereof, nor of the judgment rendered therein, until November, 1874, when he returned to sell certain…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
When the suit before the justice was brought against this complainant, he had ceased to be a resident of the state, and had no place of abode, and no known agent, within it, in the sense of the law as to the service of process ; and had no agent of any kind, for any purpose, except that he had specially authorized his son to let Durgin take a certain wagon and harness, if he would receive them in full satisfaction of the debt which this plaintiff-owed him, it being the debt on which the judgment now in. question was grounded. Durgin would…
2Cases cited2 opinions
- Whitney v. SilverSupreme Court of Vermont · 1850
- Alexander v. AbbottSupreme Court of Vermont · 1849
3Cited by3 opinions
- Skipper v. SchumacherSupreme Court of Florida · 1936
- James R. Hill & Co. v. WarrenSupreme Court of Vermont · 1881
- Deal v. PowellSupreme Court of Vermont · 1914