Chandler-Frates & Reitz v. Kostich

The court holds that a January 5, 1972 judgment — modified, on debtor’s application, by a $815.88 reduction effected on August 23, 1976 — became unenforceable by operation of the dormancy statute, 12 O.S. 1971 § 735,1 five years from January 17, 1972 — the date initial execution was issued on the judgment’s original version. I cannot join in the court’s pronouncement.

I

This appeal is being prosecuted from the trial court’s decision which denies the debt- or’s motion to quash an order requiring him to appear and answer as to assets and his “plea to the jurisdiction”. The post-judgment action…