Sawyer v. C. H. Cross & Son

Supreme Court of Vermont

Sawyer v. C. H. Cross & Son

65 Vt. 158

CourtSupreme Court of Vermont

DecidedJuly 1, 1892

StatusPublished

Cited by2 cases

This text of 65 Vt. 158 (Sawyer v. C. H. Cross & Son) 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

Sawyer v. C. H. Cross & Son, 65 Vt. 158 (Vt. 1892).

Pincite

Opinion

TAFT, J.

If a defendant in a justice suit is without the State at the time of the service of the writ, and continues [160]*160absent until after the return day, has no notice of the suit, and judgment is taken against him, upon the return day, by default, it may be vacated by audita querela. Such is the case before us.

The judgment sustaining the demurrer and adjtidging the declaration insufficient is reversed, and cause remanded.

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TAFT, J.

If a defendant in a justice suit is without the State at the time of the service of the writ, and continues [160]*160absent until after the return day, has no notice of the suit, and judgment is taken against him, upon the return day, by default, it may be vacated by audita querela. Such is the case before us.

The judgment sustaining the demurrer and adjtidging the declaration insufficient is reversed, and cause remanded.

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Bluebook (online)

65 Vt. 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sawyer-v-c-h-cross-son-vt-1892.

Opinion

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