Riddle's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Westmoreland county: Of October and November Terms 1883, No. 18. This was an appeal by W. H. H. Riddle from a decree of the said court ordering the entry of satisfaction of certain judgments held by said Riddle against John Steel.
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Appeal from the Court of Common Pleas of Westmoreland county: Of October and November Terms 1883, No. 18. This was an appeal by W. H. H. Riddle from a decree of the said court ordering the entry of satisfaction of certain judgments held by said Riddle against John Steel. The petition of said Steel, praying for a rule to show cause why satisfaction of said judgments should not be entered, set forth: That in 1875 the petitioner was the surety of a firm trading as Crusan, Kunkle & Co., on two judgment notes upon which judgments had been entered against said firm in favor of W. H. H. Riddle in…
1Opinion of the CourtJustice Trunkey
The power vested in the courts by the Act of March 14th 1876, P. L. 7, in relation to the entry of satisfaction of judgments which have been fully paid by the defendants, being in derogation of the right of trial by jury, must be strictly construed, and, therefore, limited to cases of actual payment in full. To hold that everything which could be given in evidence under the plea of payment in the trial of a pending suit, shall be treated as actual payment after judgment, would be a wide departure from the letter and spirit of the Act: Felt v. Cook, 95 Pa. St. 247. The Act is intended only for…
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