Scott v. Darling
Supreme Court of Vermont
Audita querela. Heard at' the December term, 1893,. Bennington county, upon demurrer to the declaration, Ross, C. J., presiding. Judgment that the demurrer is sustained and that the declaration is insufficient. The plaintiff excepts. Exceptions certified to supreme court before final judgment. The case appears in the opinion. Audita querela is the proper remedy.
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Audita querela. Heard at' the December term, 1893,. Bennington county, upon demurrer to the declaration, Ross, C. J., presiding. Judgment that the demurrer is sustained and that the declaration is insufficient. The plaintiff excepts. Exceptions certified to supreme court before final judgment. The case appears in the opinion. Audita querela is the proper remedy. Hastings v. Webber, 2 Vt. 407 ; Tyler v. Lathroj), 5 Vt. 170; Edwards v. Osgood, 33 Vt. 224 ; Sawyer v. Cross, 65 Vt. 158 ; Bradish v. Redway, 35 Vt. 426. The plaintiff had no right to apply the mony which he received as attorney upon…
1Opinion of the CourtRowell, J.
The statute allowing an appeal from the *512judgment of a justice in a civil cause, declares that no appeal shall be allowed in actions in which neither the ad damnum in the writ, nor the sum demanded by the declaration, nor the specifications or exhibits of the plaintiff on trial, shall exceed twenty dollars; nor in actions of assumpsit to recover a balance due on account, when the balance claimed does not exceed twenty dollars; but it provides, among other things, that in actions of assumpsit to recover a balance due on account, an appeal shall be allowed when the defendant files with the…
2Cases cited7 opinions
- Weed Sewing Machine Co. v. BoutelleSupreme Court of Vermont · 1884
- Tyler v. LathropSupreme Court of Vermont · 1832
- Wightman v. CarlisleSupreme Court of Vermont · 1842
- Bell v. MasonSupreme Court of Vermont · 1838
- Richardson v. DenisonSupreme Court of Vermont · 1826
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3Cited by2 opinions
- Enosburg Grain Co. v. Wilder ClarkSupreme Court of Vermont · 1941
- Luce v. MinardSupreme Court of Vermont · 1913