Heider v. Unicume

Respondents move to dismiss this appeal upon the ground, first, that the plaintiff has accepted the judgment of the lower court by paying judgment for costs.

It is quite a well-settled rule that if a judgment is awarded against a party, his voluntary payment of the judgment will not preclude him from maintaining an appeal unless it satisfactorily appears that the pay ment was not coerced and was made with a view of settlement: Eilers Piano House v. Pick, 58 Or. 54, 56 (113 P. 54), and cases there cited; Duniway v. Cellars-Murton Co., 92 Or. 113, 115 (170 P. 298, 179 P. 561); Edwards v.…