Cowell v. Gregory

I can not concur in the opinion of the Court, because, in my opinion, it is directly opposed to the provisions of The Code, as well as to the great weight of authority. But a single authority is cited by the Court as the basis of its opinion, and that is found, upon examination, to be directly to the contrary. In 2 Cyc. Law and Pro., 647, it is said “That voluntary payment or perform-*82anee of a judgment is generally Held'to be no bar to an appeal or writ of error for its reversal, unless such payment was made by way of compromise and agreement to settle tbe controversy, or unless tbe payment…