Little v. Cook
Supreme Court of Vermont
AUDITA QUERELA. — The complainant set forth in bis writ, in substance, that he had a certain action pending in Orleans county court, against the said Cook, which, for aught that appeared by the records of said court, stood open for trial, and that be, believing that be had a right to a trial, appeared with his witnesses, and offered to support his said action; but the Court refused him a hearing, and entered up a judgment against him, for the defendant to recover his costs.
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AUDITA QUERELA. — The complainant set forth in bis writ, in substance, that he had a certain action pending in Orleans county court, against the said Cook, which, for aught that appeared by the records of said court, stood open for trial, and that be, believing that be had a right to a trial, appeared with his witnesses, and offered to support his said action; but the Court refused him a hearing, and entered up a judgment against him, for the defendant to recover his costs. Also, that the said Court, in rendering judgment, did not adjudge, order or award that the said Cook might thereof have…
1Opinion of the Court
*365The opinion of the Court was delivered by
Hutchinson, J.
John Little complains, in his audita querela, that he appeared, with his witnesses; the second term, for trial in his'action against Cook, the’ cause appearing of record or by the docket minutes, to be Open for trial'; yet the Court refused him a trial, and ordered judgment entered for Cook to recover his costs.
Also, that Cook has had his execution,, when the Court made no award of execution.
There is a general demurrer id this complaint, and joinder . in .demurrer. .. '
The last charge above námed, regards merely the form of the clerk’s…
2Cited by8 opinions
- Comstock v. GroutSupreme Court of Vermont · 1845
- Radclyffe v. BartonMassachusetts Supreme Judicial Court · 1894
- Griswold v. Town of RutlandSupreme Court of Vermont · 1851
- Eastman v. WatermanSupreme Court of Vermont · 1854
- Walter v. FossSupreme Court of Vermont · 1895
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