Atkinson v. Harrison

Citations

• 153 Pa. 472
• 26 A. 294
• 1893 Pa. LEXIS 1133

Syllabus

<p>Satisfaction of judgment under act of March 14, 1876.</p> <p>Under the act of March 14, 1876, P. L. 7, empowering the court of common pleas to decree the entry of satisfaction of a judgment upon due proof that the same has been fully paid, the court can only decree satisfaction in cases of actual payment of the judgment in full by defendant, or in cases where there are such undisputed facts as produce a conclusive result of strict law that satisfaction equivalent to actual payment has been obtained. If there is any doubt or question as to the facts, or the inference to be drawn from them, the statute cannot apply.</p> <p>On an application for a rule on plaintiff to enter satisfaction of a judgment, defendant averred that the judgment in question had been obtained on a draft accepted by defendant; that plaintiff had also obtained judgment upon the draft against the drawer thereof, which said judgment had been fully paid. Plaintiff filed an affidavit in which he admitted that he had obtained a judgment against the drawer of the draft in Ohio, but that he had obtained such judgment at the request of defendant, and upon the promise of defendant to pay all the costs, charges and expenses of the suit; and that the costs and expenses had not been paid to him. Held, that it was error to order satisfaction of the judgment.</p> <p>The act of March 14, 1876, P. L. 7, is not a substitute for the acts of April 13, 1791, § 14, 3 Sm. L. 32, and April 14, 1851, P. L. 612, but is only a short and inexpensive way of ending clear cases of undisputed actual payment.</p>