 | William Blackstone - Law - 1791 - 506 pages
...and feems to have been invented, left in any cafe there fliould be an oppreflive defect of juftice, where a party, who hath a good defence, is too late...the ordinary forms of law. But the indulgence now fliewn by the courts in graiaing a fummary relief upon motion, in Cafes of fuch evident oppreffion... | |
 | William Blackstone - Law - 1794 - 588 pages
...and feems to have been invented, left in any cafe there (hould be an oppreffive defect of juftice, where a party, who hath a good defence, is too late...the ordinary forms of law. But the indulgence now fliewn by the courts in granting a fummary relief upon motion, in cafes of fuch evident oppreflion*,... | |
 | William Blackstone - Law - 1800 - 562 pages
...and fcems to have been invented, left in any cafe there (hould be an oppreffive defeat of juftice, where a party, who hath a good defence, is too late...the ordinary forms of law. But the indulgence now fhewn by the courts in granti^ a fummary relief upon motion, in cafes of fuch evident oppreflion',... | |
 | Massachusetts, William Charles White - Law - 1811 - 214 pages
...have redress by audita querela. In these and the like cases, where a party, who hath a3Bi.Com. toe. good defence, is too late to make it, in the ordinary forms of law, an audita querela lies to be relieved against the oppression of the original plaintiff. This writ is... | |
 | Thomas Walter Williams - Law - 1816 - 1048 pages
...shall have redress by audita qucrela. 1 Ло/. Abr. 308, which is a writ of a most remedial nature, seems to have been invented, lest in any case there should be an oppn ssive defect of justice, where a party has a good defence, but by the ordinary forms of law had... | |
 | Sir Edmund Saunders, Great Britain. Court of King's Bench - Law reports, digests, etc - 1824 - 494 pages
...matter to shew that such execution ought not to have issued, or should not issue, against him ; and is of a most remedial nature, and seems to have been invented, lest in any case there would be an oppressive defect of justice, where the party has a good de147 148 fence, but had not,... | |
 | sir William Blackstone - 1825 - 568 pages
...opportunity to plead, this special matter, and therefore they shall have redress by audita querela* : which is a writ of a most remedial nature, and seems to...hath a good defence, is too late to make it in the ordina- " ry forms of law. But the indulgence now shewn by the courts in granting a summary relief... | |
 | Vermont. Supreme Court, Asa Aikens - Law reports, digests, etc - 1827 - 440 pages
...matter to show that such execution ought not to have issued, or should not issue against him ; and is of a most remedial nature, and seems to have been...case there should be an oppressive defect of justice, when the party has a good defence, but had not, nor has, any other means to take advantage of it. As... | |
 | United States. Congress - Law - 1837 - 732 pages
...ripe for the application ofthat writ of most remedial nature, ив Lord Coke calls it, and which was invented lest in any case there should be an oppressive defect of justice — the venerable writ of audita quere la drfcndentis — to ascertain the truth ol a fact happening-... | |
 | Great Britain. Bail Court - Civil procedure - 1845 - 1144 pages
...matter to shew that such execution ought not to have issued, or should not issue, against him ; and is of a most remedial nature, and seems to have been invented, lest in any case there would be an oppressive defect of justice, where the party has a good defence, but had not, nor has... | |
| |
... which is a writ of a most remedial nature, and seems to have been invented lest in any case there should be an oppressive defect of justice, where a party who hath a good defense is too late to make it in the ordinary forms of law. 
