Van Meter v. Gurney

Perry E. DeForest, one of the defendants, appellee here, filed his petition in the superior court asking that a capias issued on an unpaid judgment against him he quashed and that the clerk of the superior court be ordered to satisfy the judgment in full. Plaintiff filed a demurrer to the petition, which was overruled. Plaintiff appeals from the order of the court granting the prayer of the petition.

The question presented is, Does the payment by one of two joint judgment debtors of a part of the judgment, under an agreement with the plaintiff not to release the other debtor, satisfy the…