Legal Opinion

Herrick v. Orange County Bank

Supreme Court of Vermont

Decided March 15, 1855PublishedCited by 1 opinion

Belief at law. Parties to a writ of audita querela. Audita Querela. The complainant alleged that the defendants, “ by the consideration of the county court, begun and holden “ at Chelsea, in and for the county of Orange, on the third Tues- “ day in January, A. D. 1853, recovered judgment against Edward “ Hobart, Gilman A. DuBois, Harvey Lamson and the said eom- “ plainant, for the sum of two thousand six hundred and ninety- “ seven dollars and eighty-eight cents, and for the…

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Belief at law. Parties to a writ of audita querela. Audita Querela. The complainant alleged that the defendants, “ by the consideration of the county court, begun and holden “ at Chelsea, in and for the county of Orange, on the third Tues- “ day in January, A. D. 1853, recovered judgment against Edward “ Hobart, Gilman A. DuBois, Harvey Lamson and the said eom- “ plainant, for the sum of two thousand six hundred and ninety- “ seven dollars and eighty-eight cents, and for the sum of twenty- “ four dollars and ninety-two cents costs of suit, — for which execu- “ tion was duly issued, on the…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

We think the declaration is defective on this demurrer. The subject matter of the complaint is not a proper matter for relief at law. If the party is entitled to any relief, his appropriate remedy is in equity. It is admitted by the demurrer that the plaintiff signed the note as surety, and that the other signers were principals; that the note was sued, and the property of the principals attached, sufficient to secure the debt, and save the plaintiff harmless as surety. It is also stated that the property has been released from that attachment…

2Cases cited2 opinions

  1. Starbird v. MooreSupreme Court of Vermont · 1848
  2. Gleason v. PeckSupreme Court of Vermont · 1840

3Cited by1 opinion

  1. Lamoille County National Bank v. HuntSupreme Court of Vermont · 1900

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