Owens ex rel. Wallace v. Chandler
Supreme Court of Arkansas
Appeal from the Circuit Gowi of Hempstead County. The Hon. Thomas Hubbaed, Circuit Judge. A payment made by a stranger, without the consent of thé defendant, and where there is no privity of contract, cannot amount to an extinguishment of a judgment. To produce that result, it must be made by the defendant, or with his authority and consent, express or implied.
1Opinion of the CourtJustice ITakly
The appellant, on the 14th day of September, A. D. 1854, commenced his action of debt in the Hempstead Circuit Court, on a ¡transcript .of a judgment recovered in his favor against the ap-pellee, in the Circuit Court of Benton county, Alabama, at its spring session of 184-5.
It appears from the record sent up to- this court, that the ap-pellee in the court below, interposed the plea of payment, as his only defence, and that issue was made up on this plea; that this issue was tried by a jury ; that they found the issue for the ap-pellee ; that judgment was rendered on the yerdict, and in…
2Cited by5 opinions
- First Nat. Bank of Tishomingo v. LathamSupreme Court of Oklahoma · 1913
- Williams v. UzzellSupreme Court of Arkansas · 1913
- Elm City Lumber Co. v. MacKenzieSupreme Court of Connecticut · 1904
- Dewey Portland Cement Co. v. Benton County Lumber Co.Supreme Court of Arkansas · 1933
- St. Louis, Iron Mountain & Southern Railway Co. v. LeamonsSupreme Court of Arkansas · 1907