Page:United States Reports, Volume 209.djvu/423

 2 U.S. Opion of th Court. aguemerit with the city treasurer of the city by signing a certain paper writing, to wit: "I, the undersigned, judgment creditor, holding judgment a.L int the city of Perry, Noble County, Oklahoma Territory, hereby ask that the city treasurer pay all judgments sgainst the city of Perry in order of rendition, hereby waiving right to payment pro rata, if such right exists, and this waiver shall apply to all grantees and assigns. Said judgments are in amounts and dates as follows:" [Here follows a list of the judgments.] At that time the outstanding unpaid judgment indebted- ness of the city of Perry amounted to $22,000, all of the owners of which, exceptlng the stun of $4,000, signed the agement; that the waivers thus signed were presented to the city council of the city, which adopted the following resolution: "Whereas, the judgment creditors holding judgments s in,rt the city of Perry have practically an signed written waivere of the right, if such right exists, to payment of said judgments pro rata, and therein consent to the payment of said judgments in the order of their rendition against sad city: "Therefore, be it reolved, That the city treasurer is hereby authorized and directed to pay the said iudgments existing t the city of Perry in the order of their rendition out of the funds now n hand and as they shall accrue 'in the judg- ment fund." That thereafter the city treasurer followed the plan thus outlined of paying iudgments up to the early part of the year 105, and the iudgments prior to thcee sued upon by the plain- tiff were paid off in that way. And it is averred that under the laws of the Territory of Oklahoma a judgment fund must be created to satisfy a iudgment against a municipality, and a judgment of that ldnd can he paid in no other way. And tkat under the laws of Oklahona no execution can be levied upon a judgment against the .municipality, and that during the time since the rendition of the judgments the city of Perry

�