16 Wis. 303 | Wis. | 1862
By the Court,
The order is appealable. It is a final order affecting a substantial right, made upon a summary application in an action after judgment. Laws of 1860, chap. 264, sec. 10, subd. 2.
It is well settled in modern practice, that for facts arising after judgment, or after the time has passed before judgment in which the party can avail himself of them in the action, showing that the judgment ought not to be executed in whole or in part, relief may be given upon motion to vacate the judgment, to order it satisfied, or to stay proceedings, according to the circumstances of the particular case. This practice was recognized, and several authorities cited by this court, in Spafford vs. Janesville, 15 Wis., 474. If the facts are disputed, and
The statute makes it the duty of the attorney, or party receiving the amount, to satisfy a judgment upon payment of the same, and of the fees for acknowledgment and entry of satisfaction. R. S., chap. 132, sec. 44. Under a similar statute, (Pardon’s Digest, 55,) it was recently held that courts clearly possess the power, upon summary application by motion, to order satisfaction; and in case of dispute, to direct an issue to try whether a judgment has been actually paid. Homer & McCann vs. Honer, 39 Pa. St. R., 126.
We perceive no difficulty in pursuing the same course in
Order reversed, and cause remanded for further proceedings according to law.