Noyes v. French
Supreme Court of Oklahoma
Ind. T. Error from the United States Court for the Western District of the Indian Territot'y; before C. W. Bmjmond, Judge. Action to revive judgment by N D. Noyes against J. A.' French.
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Ind. T. Error from the United States Court for the Western District of the Indian Territot'y; before C. W. Bmjmond, Judge. Action to revive judgment by N D. Noyes against J. A.' French. Judgment for defendant, and plaintiff brings error. ’ The record in this case discloses that on May 13, 1905, plaintiff in error, who was plaintiff below, filed in the United States Court of the Western District for Indian Territorjr, sitting at Muskogee, a petition to revive a judgment in which he alleged that on the 22d day of March, 1893, he recovered judgment against the defendant, Jennie French, in the…
1Opinion of the Court
Dunn,. J.
(after stating the facts as above). The statutes of the Indian Territory called into consideration by this action are as follows:
“See. 2954. Actions on all judgments and decrees shall be commenced within ten years after the cause, of ■ action shall accrue, and not afterwards.”
“Sec. 2601. The plaintiff or his legal representative may, at any time before the expiration of the lien on any judgment, sue out a scire facias to revive the same.”
“Sec. 2603. If the defendant cannot be found, the court shall make an order briefly setting forth the nature of the case, and requiring all persons…
2Cases cited5 opinions
- Tromble v. HoffmanMichigan Supreme Court · 1902
- Rodgers v. StateSupreme Court of Alabama · 1874
- Board of Commissioners v. ShaffnerWyoming Supreme Court · 1902
- Calhoun v. AdamsSupreme Court of Arkansas · 1884
- Scruton v. HallCourt of Appeals of Kansas · 1897
3Cited by1 opinion
- Sager v. JordanSupreme Court of Oklahoma · 1920