Hoogendorn v. Daniel

(after stating the facts as above).

A motion is made to dismiss the writ of error, on the ground that the plaintiff in error has paid and satisfied the judgment. The motion must be denied. One who voluntarily pays a judgment is not precluded from taking an appeal therefrom. County of Dakota v. Glidden, 113 U.S. 222, 5 S.Ct. 428, 28 L.Ed. 981; Erwin v. Lowry, 7 How. 172, 12 L.Ed. 655; O’Hara v. McConnell, 93 U.S. 150, 23 L.Ed. 840; Edwards v. Perkins, 7 Or. 149.

Error is assigned to the refusal to strike from the complaint those allegations which set up as elements of damage the payment of…