Audita querela

Audita querela

Audita querela is a writ which lies for a party against whom judgment is recovered, but to whom good matter of discharge has subsequently accrued which could not have been availed of to prevent such judgment.

References

*Webster's Revised Unabridged Dictionary (1913)


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  • Audita querela — Au*di ta que*re la [L., the complaint having been heard.] (Law) A writ which lies for a party against whom judgment is recovered, but to whom good matter of discharge has subsequently accrued which could not have been availed of to prevent such… …   The Collaborative International Dictionary of English

  • audita querela — au̇|dēd.əkwəˈrālə noun Etymology: Latin, the complaint having been heard : a largely disused or abolished common law writ lying for a party against whom judgment is recovered but to whom facts constituting a good basis for discharge have… …   Useful english dictionary

  • audita querela — /odayta kwariyla/ The name of a common law 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 some matter of defense or discharge arising… …   Black's law dictionary

  • audita querela — /odayta kwariyla/ The name of a common law 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 some matter of defense or discharge arising… …   Black's law dictionary

  • audita querela — A remedy granted in favor of one against whom execution has issued or is about to issue on a judgment the enforcement of which would be contrary to justice, either because of matters arising subsequent to its rendition, or because of prior… …   Ballentine's law dictionary

  • writ of audita querela — See audita querela …   Ballentine's law dictionary

  • querela — A complaint; an action; a suit. See audita querela; duplex querela …   Ballentine's law dictionary

  • Querele — Quer ele, n. [See 2d {Quarrel}.] (O. Eng. Law) A complaint to a court. See {Audita Querela}. [Obs.] Ayliffe. [1913 Webster] …   The Collaborative International Dictionary of English

  • Writ — For other uses, see Writ (disambiguation). In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs and subpoenas… …   Wikipedia

  • Motion to set aside judgment — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

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