Legal Definition and Related Resources of Audita querela
Meaning of Audita querela
(Lat.) A form of action which lies for a defendant to recall or prevent an execution, on account of some matter occurring after judgment amounting to a discharge, and which could not have been, and cannot be, taken advantage of otherwise. 12 Mass. 270. It is a regular suit, in which the parties appear and plead (17 Johns. [N. Y.] 484; 12 Vt. 56, 435; 30 Vt. 420; 8 Miss. 103), and in which damages may be recovered if execution was issued improperly (Brooke, Abr. “Damages,” 38), but the writ must be allowed in open court, and is not of itself a supersedeas (2 Johns. [N. Y.] 227). It is a remedial process, equitable in its nature, based upon facts, and not upon the erroneous judgments or acts of the court. 2 Wm. Saund. 148, note; 10 Mass. 103; 14 Mass. 448; 17 Mass. 159; 1 Aik. (Vt.) 363; 24 Vt. 211; 2 Johns. Cas. (N. Y.) 227; 1 Overt. (Tenn.) 425. And see 7 Gray (Mass.) 206. In modern practice, the same relief is usually granted on motion, and the writ is dismissed. The original purpose of this writ is said to have been relieving a party from the wrongful acts of his adversary and permitting him to show any matter of discharge which may have occurred since the rendition of the judgment.
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This definition of Audita Querela Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Audita querela in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
The complaint having been heard. An audita querela lies where a defendant, against whom a judgment is recovered and who is therefore in danger of execution, may be relieved upon good matter of discharge which has happened since the judgment: as if the plaintiff has given him a general release, or if the defendant has paid the debt without procuring satisfaction to be entered on the record.
Note: This legal definition of Audita querela in the Dictionary of Law (English and American Jurisprudence) is from 1893.
Concept of “Audita Querela”
Traditional meaning of audita querela in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) (The complaint having been heard.) A writ which lies for a defendant who is in danger of a writ of execution, to recall or prevent the execution for some cause which has happened since judgment; see 12 Mass. 268; Robinson’s Elementary Law Rev. ed.; § 346; 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 405.
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Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Audita Querela”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
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