audita querela

Defined in 8 dictionaries — Case Law, Ballentine's (1916), Black's (1910), Kinney (1893), Black's (1891), Stimson (1881), Burrill (1850), Bouvier (1839)

Definitions from Case Law

From 79 U.S. 304 - Avery v. United States · 1870Most cited · 26 citing opinions

this writ does not lie, where the party complaining has had a legal opportunity of defence and has neglected it... audita querela is a regular suit in which the parties may plead and take issue on the merits, and cannot, therefore, be sued against the United States

Ballentine's Law Dictionary

James A. Ballentine · 1916

A writ to stay or recall an execution by reason of a fact occurring after judgment. See 36 Am. Dec. 329.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The name of a writ constituting the initial process in an action brought by a judgment defendant to obtain relief against the consequences of the judgment, on account of seme matter of defense or discharge, arising since its rendition and which could not be taken advantage of otherwise. Foss v. Witham, 9 Allen (Mass.) 572; Longworth V. Screven. 2 Hill (S. Ct) 298, 27 Am. Dec. 381; McLean v. Bindley, 114 Pa. 559, 8 Atl. 1; Wetmore v. Law, 34 Barb. (N. Y.) 517; Manning v. Phillips, 65 Ga. 550; Coffin v. Ewer, 5 Mete. (Mass.) 228; Gleason v. Peck, 12 Vt56, 36 Am. Dee. 329.

A Law Dictionary and Glossary

George C. Kinney · 1893

I. I. The complaint having been heard. A writ which lies for a defendant against whom judgment is recovered, and who is thus in danger of execution, or perhaps in execution, to prevent or recall the execution for some matter of discharge which has happened since the judgment. It is now seldom resorted to; the relief sought being generally to be had on motion supported by affidavit.

A Dictionary of Law

Henry Campbell Black · 1891

The name of a writ constituting the initial process in an acjudgment, on account of some matte fense or discharge, arising since its rend and which could not be taken adyante otherwise. See il Amer. & Eng. Ene. 1003; Bae. Abr. sub voce; 3 Bl. Comm, 4

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

I. (The complaint having been heard.) A writ whioli Kes ^for a defendant who is in danger of execution, tp recall or prevent the execution for some cause which has happened since judgment.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

Lat. (Having heard the complaint.)

In practice. A writ which lies for a defendant against whom judgment is recovered, and who is therefore in danger of execution, or perhaps in execution, whereby he may be relieved, upon showing 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 to the plaintiff, without procuring satisfaction to be entered on the record. In these and the like cases, an audita querela lies in the nature of a bill in equity. It is a writ, directed to the court in which the judgment is recovered, stating that the complaint of the defendant has been heard, (audita querela defendentis,) and after setting out the matter of the complaint, it enjoins the court to call the parties before them, and having heard their allegations and proofs, to cause justice to be done between them. 3 Bl. Com. 405. Reg. Orig. 114, 149. Reg. Jud. Appendix, 14, 16.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

An obsolete ‘writ by which a defendant, against whom a judgment had been recovered, and who had since discharged the same, might have been relieved from its operation. But now the courts will grant relief on motion, on the facts being proved; 3 Bl. Com. 405; 1 Bac. Ab. 308; 2 Saund. 148, n. 1; 2 Sell. Pr. 252.