Legal Opinion
Belton v. Smith
Indiana Supreme Court
Decided November 15, 1873PublishedCited by 19 opinions
From the Shelby Circuit Court.
1Opinion of the CourtBuskirk, J.
This is an appeal, from a money judgment. It is pleaded in bar of the appeal, that the appellants subsequently to the appeal paid and satisfied the judgment in full. It has been repeatedly decided by this court, that the payment of a judgment does not prevent the party so paying from afterward taking an appeal. Hyer v. Norton, 26 Ind. 269; Armes v. Chappel, 28 Ind. 469; Dickensheets v. Kaufman, 29 Ind. 154 ; Kaufman v. Dickensheets, 30 Ind. 258 ; Hill v. Starkweather, 30 Ind. 434. It seems necessarily to result, that if the right of appeal is not waived by the voluntary payment of the…
2Cases cited20 opinions
- Riser v. SnoddyIndiana Supreme Court · 1856
- Patterson v. CrawfordIndiana Supreme Court · 1859
- Mahon's Adm'r v. SawyerIndiana Supreme Court · 1862
- Lawson v. SherraIndiana Supreme Court · 1863
- Martin v. Asher's AdministratorIndiana Supreme Court · 1865
15 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Carver v. CarverIndiana Supreme Court · 1884
- Opp v. TenEyckIndiana Supreme Court · 1884
- McConnell, Admx. v. Thomson, Tr.Indiana Supreme Court · 1937
- Lumaghi v. AbtMissouri Court of Appeals · 1907
- Princeton Coal & Mining Co. v. GilmoreIndiana Supreme Court · 1908
14 more not listed; retrieve them via the Exa API.