The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-09-13
OPINIONS OF INTEREST
Syllabi Of Opinions Handed
Down by Supreme Court
i'm Territorial Cases.

case which involves The city Of Perry
of so 000 In OLE irae ae ITS. S. the cstsc
of j. b. Beadlcs vs.. w r. Fly. treas
urer Of the city of Perry. decided by jus
iico Burwoll in an opinion in supreme
court ln favor Of the city Of Perry.
These judgments have been standing
against the city for tho past Eve years
without anything being paid ON them.
and the question raised Is whether or
not the Judgments against n city car
become outawed the same as against on
individual Bcadles suit was for S157,
but this was used as test case for manv
more hggregating $4,000. Beadles COM
mcnccd an action OF mandanus against
tho city to force the treasurer to pay
the Judgments for which there WAS mon
ev in the treasury The city filed
pleading called "A motio,t TO quash al
ternativc writ of mandamus." Justice
BmweH upholds the CITY on this propo
sition. and the attorneys Of the plaintiffs
say they win carry the matter into tho
supreme court Of the United states
JusIce Burwen in his opinion, rcpi-
cred the following syllabus;
When a good and sufficient alternative
writ OF maudamus has been issued and
served and no jurisdictionol question Is
involved IL ia the duty Of the defend
ant to- nle his answer TO such writ
in the first instance. and as the answer
under the statute. ls substituted for the
return ia the English courts and as the
statute expressly prohibits amy pleading
except the alternative writ and the ans
wer. the defendant should assign IN
his answer any legal reasons. as well
as plead the facts. Il amy exist en which
he relies To defeat the Issuance OF the
peremptory writ And where defend
ant files motion 10 quash Which Is ir
the nature of a general demurrer, tr,'
court will treat such pleading as an ans
wer admitting the facts recited in the
thereto.
IN the absence Of statutory inhibition.
an ordinary execution may Issue on
Judgment against a city Of the hrst-class
and. while on the ground Of puhl'c policy,
Il cannot be levied ON an, of tie general
revenues OF the city. either before or
after they are collected OF upon any
property, either real or personal. which
IL reasonably necessary for govemmen'
purposes, st,n. IL any property can be
found which Is not reasonably necessary
for the public welfare and which Is held
by The city as private property for its
benefit 70 may be levied upon and sold
to satisfy such execution.
Under section 1887 Of the statutes o.
oklahoma of 1903 which provides that
III execution shall not be issued with
in i've years from the date OF any iudg
mcnt that now is or may hereafter be
rendered. IN any court OF record IN this
territory. or 81 FIVE years shall have in
teivened between the date OF the last
execution issued on such Judgment an
IN time Of suing out another writ Of eN-
ecution thereon. such Judgment shall De-
come dormant. ana shall cease 20 opor-
ate as lien ON the estate Of t.c jadg
ment debtor" a Judgment agai1st a cts
Of the first-ciass heco;aos dormant afte
nve years from the date OF It's rendition
unless the Judgment creditor. within
such time causes execution to issu
thereon,
Where n judgment creditor fails t.
have execution issued within i've year
on "a judgment against a city OF tn
: frst-class and also fails TO revive sucl
Judgment within one year afrer IL be
comes dormant. II win be treated a
barred by the statute Of limitation, an
iho courts win deny tho ial OF mandarin
10 compel payment Of tae samc.
Au agreement between practically ai
of rac Judgment creditors OF city, tha
such yly shall pay such creditors In th
orc,r of priority OF iAe date thereof .ln
sle,d Of paying such Judgment crcdito
DIS rro rata share and resolution o
. a city coDncil which refers TO such agree
mont nnd orders The city treasurer 4
, lpay snch judgements according TO sue
contract do not change the lesal stitu
OF thc city toward any such creditors
nor do they excuse amy Judgment credi
tor from suing out an execution With
iVe years of The date his iudg ncnt wa
rendered. or nom securing a ievivor a
his Judgment within one year after
became dormant.
Federal Service.
J. ~ empoyc is entitled TO recove
damages for injuries suffered through tn
personal fault or misconduc, OF his EN-
plcyer. hut when the employer has bee
personally nee from blame and The IN
mn results from the fault OF miscon
duct lot Fellow servant it wouid yeer
reasonable shat The wrongdoer should y
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