RICHARDS v. SMITH


491 P.2d 1167 (1971)

Terry W. RICHARDS, Respondent, v. Jerry C. SMITH, Appellant.

Supreme Court of Oregon, In Banc.

Decided December 22, 1971.


Attorney(s) appearing for the Case

Stewart M. Whipple, Portland, argued the cause for appellant. With him on the briefs were Seitz, Whipple & Johansen and Alan H. Johansen, Portland.

Brian L. Welch, Portland, argued the cause for respondent. With him on the brief were Pozzi, Wilson & Atchison and Raymond J. Conboy, Portland.


DENECKE, Justice.

Plaintiff secured a judgment for $4,000 in his personal injury action. The defendant paid $2,200 to the clerk of the court and petitioned the court to direct the clerk to enter a full satisfaction of judgment. In support of his petition counsel filed an affidavit in which he stated that immediately prior to trial he stated to the court that an "advance payment" of $1,800 had been made to plaintiff; plaintiff stipulated that such an amount had been...

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