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

Sawyer v. C. H. Cross & Son

65 Vt. 158 | Vt. | 1892

TAFT, J.

If a defendant in a justice suit is without the State at the time of the service of the writ, and continues *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.