Neal v. Lebreton
Supreme Court of Oklahoma
Error from the Probate Court of Canadian County; before J. I. Phelps, Trial Judge. STATEMENT OE FACTS. The record in this case shows that on the 23rd day of September, 1895, the plaintiff in error, T. E. Neal obtained judgment against defendants in error in the probate court of Canadian county, for the sum of one thousand dollars ($1,000) with interest and costs: and on the 34th day of September, 1900, said judgment became dormant. .On the 37th day of December, 1903,…
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Error from the Probate Court of Canadian County; before J. I. Phelps, Trial Judge. STATEMENT OE FACTS. The record in this case shows that on the 23rd day of September, 1895, the plaintiff in error, T. E. Neal obtained judgment against defendants in error in the probate court of Canadian county, for the sum of one thousand dollars ($1,000) with interest and costs: and on the 34th day of September, 1900, said judgment became dormant. .On the 37th day of December, 1903, plaintiff filed in said probate court a motion to revive said judgment, alleging that said judgment had bécome dormant, and…
1Opinion of the Court
Opinion of the court by
Beauchamp, J.:
The judgment in this case became dormant more than two years before the plaintiff filed his motion to revive.
“If a judgment become dormant, it may be revived in the same manner as is prescribed for reviving actions before judgment.” (Wilson’s Statutes, sec. 4630.)
“The revivor shall be by an order of the court, if made in term, or by a judge thereof, if in vacation. * * * *” (Wilson’s Statutes, sec. 4616.)
“The order may be made on the motion of the adverse party. * * *” (Wilson’s Statutes, sec. 4617.)
“If the order is made by the consent of the parties, the…
2Cases cited2 opinions
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