Kaufman v. Culbertson

Plaintiff recovered judgment against defendant. Defendant appeals from that judgment. Thereafter defendant filed a motion to dismiss his appeal, basing his motion on the records and files and affidavits of himself and another party. The substance of the affidavits is that since taking the appeal defendant has paid and fully settled with the plaintiff. Plaintiff as respondent resists said motion. He bases his resistance on some four affidavits from which it appears that before the alleged settlement plaintiff assigned his judgment against defendant. Plaintiff also denies having been paid and…