37 Iowa 56 | Iowa | 1873
We do not stop to consider whether an attorney, simply as such, can, under section 2706 of the Revision, enter satisfaction of a judgment which will be binding upon his client, upon payment of less than its face. In the view which we take of this case, a determination of this question is unnecessary. The judgment against defendant was rendered, as shown by the affidavit, in June, 1861. In November, 1861, the settlement referred to was made between defendant and Wm. T. Clark, the attorney of plaintiffs. The execution sought to be recalled did not come to the hands of the sheriff until April 24,1872, almost eleven years after the judgment was rendered, and more than ten years after the alleged settlement was made. In the meantime no further payments have been demanded upon
The cause is, therefore, reversed and remanded with leave to the plaintiffs to procure and file counter affidavits, if they shall be so advised.
Reversed.