Legal Opinion

Day v. Larsen

Oregon Supreme Court

Decided December 21, 1896PublishedCited by 7 opinions

From Multnomah: E. D. Shattuck, Judge. This is an appeal from an order of the Circuit Judge upholding the clerk of his court in refusing to satisfy on the record a certain judgment. The facts are fully stated in the opinion.

1Opinion of the Court

Opinion by

Mr. Justice Bean.

This is a summary proceeding against the clerk of the trial court to compel him to enter of record the sat*248isfaction of a judgment. The facts are that on March ii, 1895, a judgment was rendered in a civil action in favor of Joe Day and against E. S. Larsen for the sum of $138.20, besides costs and disbursements. This judgment was secretly paid in full to Day on the 15th of the same month, and the judgment creditor duly executed and acknowledged a certificate of satisfaction thereof in writing. After payment, but before the certificate was tendered to the clerk for…

2Cases cited5 opinions

  1. Boston & Colorado Smelting Co. v. PlessSupreme Court of Colorado · 1885
  2. Alderman v. NelsonIndiana Supreme Court · 1887
  3. Pirie v. HarknessSouth Dakota Supreme Court · 1892
  4. Henry v. TraynorSupreme Court of Minnesota · 1889
  5. Boston Tea Co. v. BrubakerNebraska Supreme Court · 1889

3Cited by7 opinions

  1. Smelker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
  2. Stearns v. WollenbergOregon Supreme Court · 1907
  3. Stoddard v. LordOregon Supreme Court · 1900
  4. Wagner v. GoldschmidtOregon Supreme Court · 1908
  5. Jones v. BhattacharyyaCourt of Appeals of Oregon · 2020

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