Zinsser Ex Rel. Thompson v. Zinsser
Superior Court of Pennsylvania
Appeal, No. 175, April T., 1924, by use-plaintiff, from judgment of C. P. Allegheny Co., April T., 1921, No. 1094, striking off order in the case of William Zinsser, for the use of M. L. Thompson, v. Herman Zinsser. Buie to show cause why order filed with the prothonotary, making to plaintiff’s use part of a judgment should not be stricken from the record. Before MacEARLANE, J. The facts are stated in the opinion of the Superior Court. The court made absolute the rule.
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Appeal, No. 175, April T., 1924, by use-plaintiff, from judgment of C. P. Allegheny Co., April T., 1921, No. 1094, striking off order in the case of William Zinsser, for the use of M. L. Thompson, v. Herman Zinsser. Buie to show cause why order filed with the prothonotary, making to plaintiff’s use part of a judgment should not be stricken from the record. Before MacEARLANE, J. The facts are stated in the opinion of the Superior Court. The court made absolute the rule. Use-plaintiff, M. L. Thompson, appealed. Error assigned was the decree of the court.
1Opinion of the Court
Opinion bt
Keller, J.,
The appellant in this case was attorney of record for William Zinsser in an action of assumpsit, against Herman Zinsser. A verdict was recovered for $768.36, upon which judgment was duly entered and a writ of fieri facias issued thereon. While the writ of execution was outstanding, the defendant, without appellant’s knowledge, settled with the plaintiff for $325 and obtained from him a letter of attorney or satisfaction piece acknowledging payment in full of the debt, interest and costs due on said judgment and directing the prothonotary to satisfy the same ofirecord.…
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