Radioear Corporation v. Crouse

The ultimate decision reached by the majority opinion in this case compels my dissent. The relatively simple question presented in this case is whether a litigant who voluntarily pays and satisfies a judgment may thereafter have that judgment set aside and vacated. The majority holds in the affirmative and I disagree.

The generally accepted test for determining whether payment or compliance with a judgment cuts off the defeated party’s right to appeal or initiate other proceedings to attack the judgment is whether the performance is voluntary or involuntary. 39 A.L.R.2d 153-191, §§ 3.(b),…