Holland v. Quitman College

• Decision Date: 27 February 1897
• Citation: 39 S.W. 557
• Parties: HOLLAND v. QUITMAN COLLEGE.
• Court: Arkansas Supreme Court

39 S.W. 557

HOLLAND v. QUITMAN COLLEGE.

Supreme Court of Arkansas.

February 27, 1897.

Appeal from circuit court, Cleburne county; Brice B. Hudgens, Judge.

Motion by Quitman College for summary judgment against Ike M. Holland for failure to satisfy a judgment as prescribed by statute. From a judgment for movant said Holland appeals. Affirmed.

The appellee filed a motion in the Cleburne circuit court, showing that appellant on the ____ day of February, 1893, obtained judgment in said court against appellee; that said judgment was paid at its maturity, but was not marked "Satisfied," and stood thus upon the record for more than 60 days; that on or about the ____ day of February, 1895, appellee paid to an attorney, for appellant, $11.04, unjustly claimed by appellant as a balance due on said judgment; that said amount was paid to procure a satisfaction of said judgment. The prayer of the motion is for judgment of forfeiture against appellant for $150 and costs, and for a return of the $11.04 unjustly demanded by appellant. A demurrer, in short, to this motion was overruled, and appellant responded, admitting that he had, on the ____ day of February, 1893, obtained judgment against appellee for the sum of $336.20, but says that said judgment should have been for $346.20, and that same was by oversight entered for $336.20. Appellant denies that said judgment was promptly paid off, but says that appellee filed a stay bond in the sum of $336.20 after an execution had been issued, and that said stay bond was given to the sheriff of the county; that appellant was a nonresident, and that appellee paid to the sheriff the said sum of $336.20, which the sheriff forwarded to appellant, and appellant supposed that the sheriff had duly credited said amount on the judgment; that appellee afterwards sent to appellant his (appellant's) note to one Rollow for $14.50 as a payment on said judgment, and on the 31st day of January, 1895, paid him the sum of $11.04, balance due on said judgment; that thereupon appellant wrote to the clerk of the circuit court to satisfy the judgment, which was done. Appellant denies any damage, and prays to be discharged with costs. On the issues thus joined the cause was submitted to the court sitting as a jury, who found that appellant obtained a judgment in the Cleburne circuit court, at its February term, 1893, for $336.20; that an execution was issued on said judgment May 5, 1893, which was stayed on the 26th for six months; that the...