Deal v. Powell
Supreme Court of Vermont
Audita Querela to vacate a default judgment, Chittenden County. Heard at Chambers, July 30, 1914, on demurrer to the writ, before Pish, J. Demurrer overruled, and writ adjudged sufficient. Defendants excepted. The opinion states the case.
1Opinion of the CourtWatson, J.
In the court below, the demurrer was overruled, to which defendants excepted. Several questions were presented in argument, but only two need be noticed: 'the one relating to the service of the writ in the justice suit upon the defendants therein, and the one whether audita querela is a proper remedy.
The justice writ set up the defendants as of Champlain in the state of New York, and the officer’s return thereon was as follows:
At Isle La Motte in said County, this 23rd day of Februáry, 1914, I then served this writ by attaching as the property of the within named defendants all the real…
2Cases cited6 opinions
- Comstock v. GroutSupreme Court of Vermont · 1845
- Edwards v. OsgoodSupreme Court of Vermont · 1860
- Alexander v. AbbottSupreme Court of Vermont · 1849
- James R. Hill & Co. v. WarrenSupreme Court of Vermont · 1881
- Folsom v. ConnerSupreme Court of Vermont · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Batchelder v. MantakSupreme Court of Vermont · 1978