Melan v. Smith

Citations

• 134 Pa. 649
• 26 W.N.C. 83
• 19 A. 738
• 1890 Pa. LEXIS 756

Syllabus

<p>[To be reported.]</p> <p>1. The act of March 14, 1876, P. L. 7, providing for rules to show canso why judgments, which are alleged to have been paid, should not be satisfied, and the entry of an order for their satisfaction if such allegation appear to be true upon the hearing, must be construed strictly, such a proceeding being in derogation of the common law.</p> <p>2. The court has no power to apply cross-demands, to set off judgments, or to investigate original equities in this proceeding, but its power is confined to an inquiry into the single fact of actual payment; if the affidavit for the rule and the proofs do not exhibit actual payment of the debt, interest and costs in full, no decree in the petitioner’s favor can be made.</p> <p>3. Whether an assignment of a judgment can be stricken off summarily, at the instance of the defendant, is very doubtful; but the validity or invalidity of an order to that effect is unimportant, if the court, at the same time, ordered the satisfaction of the judgment, after due proceedings, with notice to all parties, and after finding as a fact that it was paid to the assignor before the assignment.</p>