O'Connor v. Flick
O'Connor v. Flick
Opinion of the Court
Appellant’s petition to the court below was for a rule to show cause why a judgment entered against him should not be marked satisfied. It was presented under the Act of March 14, 1876, P. L. 7, which provides: “That in all cases where a judgment has been or may hereafter be entered in any court of record in this Commonwealth, whether originally or by transfer from any other court, the court having jurisdiction shall, upon application by
Appeal dismissed at appellant’s costs.
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- O'Connor to use v. Flick
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- Judgment — Satisfaction—Evidence of payment — Act of March U, 1876, P. L. 7. The Act of March 14, 1876, P. L. 7, relating to the satisfaction of judgments on proof of payment, is in derogation of the common law, and must be limited to its express language. If the court, on a rule to satisfy under the act, finds that no testimony has been offered to support actual payment of the judgment, it must discharge the rule for it could not be made absolute unless it appears “to the satisfaction of the court” that the judgment has “been -nlly paid.”