Briggs v. Thompson

Headnote

Where a fully paid, and the plaintiff,on application of the defendant, knowledge sa bourt10n’ wm eompei him to tion at his own toP6 pay Ae costs .of the motion for that purpose.

M‘ CEELLAN, for the defendants, moved, that the plaintiff cause satisfaction of the judgment to be entered up on the record in this cause, and that he pay the costs. It appeared from the affidavit, which he read, that on the 15th of August, 1815, the defendants paid to the plaintiff’s attorney> ti*6 full amount of the judgment which had been entered up that day ; but no satisfaction was entered. On the 16th of August last, one of the defendants applied to the plaintiff’s attorney, for that purpose, who advised William Shotwell, the real plaintiff, (the suit having been an action of trespass brought by JJnggs, who was his tenant,) that satisfaction ought to be entered. W. S. wrote to the plaintiff, that the judgment had been paid, and that there was no

objection to the entry of satisfaction. The defendants’ attorney then applied to the plaintiff, Briggs, and showed him the receipt in full, and the letters of the attorney and W. S., and requested him to acknowledge satisfaction; and offered to pay all the expenses of making the acknowledgment before a proper magistrate ; but the plaintiff absolutely refused to comply with the request, or to acknowledge satisfaction. The notice of this motion was given by T„ for himself and his co-defendants, and served on Briggs, the plaintiff.