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 existing defenses that were not available to the judgment debtor in the original action because of the judgment creditor's fraudulent conduct or circumstances over which the judgment debtor had no control. 7 Am J2d Aud Q § 1.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • 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 — 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… …   Wikipedia

  • 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

  • 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

  • brevia anticipantia — /briyviya aentisapaensh(iy)a/ At common law, anticipating or preventive writs. Six were included in this category, viz.: Writ of mesne; warrantia chartce; monstraverunt; audita querela; curia claudenda; and ne injuste vexes …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.