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audita querela

The complaint having been heard. An audita querela lies where a defendant, against whom a judgment is recovered and who is therefore in danger of execution, may be relieved upon 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 without procuring satisfaction to be entered on the record.

Source : William C. Anderson, A Dictionary of Law (1893)

Language : Latin

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