Appeal from the District Court, Tenth Judicial District, Yuba ^County.

The complaint averred that on the 22d day of April, 1861, W. S. Webb recovered a judgment against the plaintiff in the District Court of Yuba County, for four thousand three hundred and forty dollars, to bear interest at three per cent per month, and that J. 0. Goodwin was the attorney of record for said Webb. That on the 18th day of October, 1861, W. S. Webb assigned the judgment to J. E. Webb. That on the 31st day of May, 1862, plaintiff paid said Goodwin one thousand dollars in full satisfaction of said judgment, and that said Goodwin, then and there acting on behalf of said Webbs, and at the request of said Webbs, and being authorized by them to do so, agreed to receive and did receive said money in full satisfaction and payment of the judgment, and with the knowledge and consent of said Webbs, acknowledged in writing upon the margin of the judgment roll, satisfaction of the judgment, in the words and figures as follows:

“ For value received, the within and foregoing judgment is hereby satisfied in full. May 31, 1862.

“ J. 0. Goodwin,

“Attorney of record and in fact for W. S. and Josiah R Webb.”

That on the 13th day of October, 1862, J. E. Webb assigned the judgment to defendant Hiett, and that he received the assignment with full knowledge of the facts, and that lie was threatening to compel payment of the judgment by execution and forced sale of plaintiff’s property.

The complaint prayed that the judgment be decreed satisfied, and that the defendant be enjoined from proceeding to enforce the collection thereof by execution or otherwise.

The answer denied that defendant, when he received the assignment, knew that the judgment was paid in whole or in part, or that he knew satisfaction of the same had been entered of record, and admitted the other allegations of the complaint.

The case was submitted on the pleadings.

The Court adjudged that the judgment be credited with one thousand dollars, but denied the injunction.

Plaintiff appealed.