Reitano

Plaintiff and appellant commenced an action for libel and slander against two defendants. A judgment of dismissal, that plaintiff take nothing and pay costs and counsel fees was rendered as to defendant Yankwieh following the sustaining of demurrers. Thereafter, a similar judgment was rendered as to defendant Cheleden. After entry of the first judgment, Yankwieh’s counsel wrote to plaintiff’s counsel demanding payment of the costs and attorney’s fees or otherwise he would be “forced” to levy execution. Plaintiff’s attorney replied by letter enclosing the amount of the costs and attorney’s fees, and stating that he understood it would cover the costs. Yankwich’s counsel received the payment and filed a satisfaction of judgment.

Plaintiff appeals from both judgments. Yankwich moves to dismiss the appeal as to him on the ground that a satisfied judgment will not be reviewed on appeal.

It has been generally stated that the voluntary satisfaction of a judgment forecloses the right to have it reviewed on appeal. The problem has been discussed as involving a moot question, the lack of the existence of a controversy, inconsistency of position and that a satisfaction of judgment puts an…