United States v. Solon
Decision Date | 19 June 1968 |
Docket Number | No. C-19550.,C-19550. |
Citation | 294 F. Supp. 880 |
Parties | UNITED STATES of America, Plaintiff, v. John SOLON, Defendant. |
Court | U.S. District Court — Eastern District of New York |
Joseph P. Hoey, U. S. Atty., for Eastern Dist. of New York, Brooklyn, N. Y., for plaintiff, Stuart C. Goldberg, Asst. U. S. Atty., of counsel.
Henry G. Singer, Brooklyn, N. Y., for defendant.
In 1959 a civil judgment for $22,704.11 was entered against defendant based upon his failure to pay wagering taxes from 1951 to 1953. Defendant agreed to liquidate this judgment by monthly payments of $7.50. Apparently he has made these payments, for the judgment, with interest, some ten years later has been reduced to $22,171.40.
The government has issued a subpoena requiring the judgment debtor to be examined in supplementary proceedings to determine whether his assets permit more expeditious payment of his debt. Predicated upon the wagering self-incrimination cases, the debtor moves (1) to vacate the judgment, (2) for return by the government of money paid on the judgment and, (3) for vacation of the subpoena issued against him. Defendant's motions must be denied.
Whether the underlying substantive theory in a civil action is valid or invalid, a money judgment obtained from a competent court operating in accordance with minimum standards of procedural due process extinguishes and supercedes the original claim. Restatement of Judgments, §§ 45, 47 (1942); Collins v. City of Wichita, Kansas, 254 F.2d 837 (10th Cir. 1958) ( ). Cf. Polites v. United States, 364 U.S. 426, 433, 81 S.Ct. 202, 5 L.Ed.2d 173 (1960) ( ); Lehman Co. of America v. Appleton Toy & Furniture Co., 148 F.2d 988 (7th Cir. 1945) ( ); Restatement of Judgments § 46 (1942). As the comment to section 47 of the Restatement of Judgments puts the matter:
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