Audiee.L

To hear. Compare Oyeb. Audi alteram partem. Hear the other side — the accused, the defendant. No man is to be condemned miheard.' See Notice, 1, Judicial. Audita querela. 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 entei-ed on the record. In these and like cases, wherein the defendant has good matter to plead, but has had no opportunity of pleading it, an audita querela lies, in the nature of a bill in equity, for relief against the oppression. The writ is directed to the court below; states that the complaint of the defendant has been heard {audita querela defendentis); and, after setting out the matter of the complaint, directs the court to call the parties before it, and, having heard their allegations and proofs, to cause justice to be done between them. 2 The writ was invented lest in any case there should be an oppressive defect of justice, where a party who has a good defense can not make it in the ordinary forms of law. But the indulgence shown in granting summary rehef upon motion has rendered the writ almost useless. =^ It is a judicial writ, f oimded upon a record, and directed to the comi; in which that record remains. It has the usual incidents of a regular suit. It is not a means for obtaining relief from negligence. The same end is now very generally secured by a motion.^ S^e Motion, 2.