Pike v. Hill

Supreme Court of Vermont

Pike v. Hill

15 Vt. 183

CourtSupreme Court of Vermont

DecidedJanuary 15, 1843

StatusPublished

Cited by3 cases

This text of 15 Vt. 183 (Pike v. Hill) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pike v. Hill, 15 Vt. 183 (Vt. 1843).

Pincite

Opinion

The opinion of the court was delivered by

Redfield, J.

It has often been decided by this court that where judgment is rendered by a justice in a suit after it has been, in any manner, discontinued, the same will be set aside by audita querela. Brown v. Stacy, 9 Vt. R. 118; Phelps v. Birge, 11 Vt. R. 161; Crawford v. Cheney, 12 Vt. R. 567. A suit may be discontinued by the absence of the court, or of the parties. The latter appears, from the record, to have been the fact in this case. The suit was, therefore, discontinued on the 22d of August, and, consequently, the judgment rendered on the 12th of September is void.

The evidence offered to contradict the record of the justice was properly rejected. It was held by this court, in the case of Barnard v. Flanders, 12 Vt. R. 657, that the record of a justice of the discontinuance of an action was conclusive, though that was in a suit against the justice in which the record was used in his defense, and in which he was directly interested to make, as it was alleged he did, a false record. A fortiori, such record should be conclusive in this case.

Judgment affirmed.

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The opinion of the court was delivered by

Redfield, J.

It has often been decided by this court that where judgment is rendered by a justice in a suit after it has been, in any manner, discontinued, the same will be set aside by audita querela. Brown v. Stacy, 9 Vt. R. 118; Phelps v. Birge, 11 Vt. R. 161; Crawford v. Cheney, 12 Vt. R. 567. A suit may be discontinued by the absence of the court, or of the parties. The latter appears, from the record, to have been the fact in this case. The suit was, therefore, discontinued on the 22d of August, and, consequently, the judgment rendered on the 12th of September is void.

The evidence offered to contradict the record of the justice was properly rejected. It was held by this court, in the case of Barnard v. Flanders, 12 Vt. R. 657, that the record of a justice of the discontinuance of an action was conclusive, though that was in a suit against the justice in which the record was used in his defense, and in which he was directly interested to make, as it was alleged he did, a false record. A fortiori, such record should be conclusive in this case.

Judgment affirmed.

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Bluebook (online)

15 Vt. 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pike-v-hill-vt-1843.

Opinion

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