Tanner v. Wood

Citations

• 13 Idaho 486
• 90 P. 733
• 1907 Ida. LEXIS 58

Syllabus

<p>Satisfaction of Judgment — Order Vacating Satisfaction of Judgment.</p> <p>1. Where the clerk of the court has entered a satisfaction of judgment under the provisions of section 4461, Bevised Statutes, and npon motion made by the .judgment creditor to vacate and set aside such satisfaction on the grounds that the necessary and requisite showing had not been made and presented to the clerk as required by the provisions of the statute, and upon the hearing of such motion the judgment debtor makes a showing that- he has in fact paid the judgment, although the showing so made is not such as would authorize the clerk to enter satisfaction of judgment, it is made the duty of the court to hear, examine and consider such showing and the evidence in support thereof, and if he finds that in fact the judgment has been paid, he should thereupon either deny the motion, or vacate such satisfaction, and himself make an order directing the entry of satisfaction of the judgment.</p> <p>(Syllabus by the court.)</p>