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AUDITA QUERELA Definition & Legal Meaning

Definition & Citations:

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 some 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. C.) 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 Vt 56, 36 Am. Dec. 329.


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