Majority
p. 338MAHLON H. MANDEVILLE, Respondent, v. SCHUYLER C. REYNOLDS, Appellant.
Headnote
Satisfaction of judgment — when may he attached — Power of attorney to cornr promise action.In an action brought upon a judgment in which the defendant claims that it has been satisfied by a satisfaction-piece executed by an assignee thereof, and also by an execution issued to the sheriff, the validity of such satisfaction-piece and execution may be impeached; and it may be shown that they are fraudulent, and that such judgment has not been paid or released; the question as to their validity arising directly and not collaterally, in such action.
p. 339
Unless specially authorized so to do, an. attorney cannot compromise an action upon payment of his costs, without the knowledge and consent of his principal.
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and from an order' denying a motion for a new trial on a ease and exceptions.
J. McGuire, for appellant. Marcus Lyon, for respondent.
Opinion by
Present — Learsted, P. J., BoardmaN and James, JJ.
Judgment and order affirmed, with costs.