New York Court of Common Pleas February 1, 1892 (Perry v. Woodbury)

Bookstaver, J.

Pending this appeal, the defendant paid the judgment and costs and obtained a satisfaction thereof, and respondent contends that these facts preclude him from prosecuting the appeal. In Dyett v. Pendleton, 8 Cow. 326, it was held that the payment of the judgment, on an execution, did not prevent the defendant from prosecuting his writ of error. In Clowes v. Dickenson, Id.