Page:United States Reports, Volume 209.djvu/426

 CI'TOB TF, RM 1907. Appeals and writs of error are allowed from the Supreme Court of Oklahoma to this court where the value of the pwp- erty or the amount in controversy, to he ascertained by the affidavit of either party or other competent witne, exceeds $5,000: Supp;ement U' S. Revised Stats. vol. 1, p. 724. We think the judgment in this case involve the validity of .all the plntlff's judgments, and that the amount in con- troversy is not simply the fund in the hands of the treasurer, but the amount of all the judgments concerning whlchrelief was sought and which were directly ljudicated to be barred by the statute of limitations. The question made in the caso is whetler the judgments are dormant by the statute of limitations o.  the Territory of Okla- homa 'or faure to me execution thereon for the period of five years, and because the same were not revived within one year ter they became dormant. The statutes of Oklahoma in 2 Wilson's Statutes of 1903, provide as follows :' Section 4635. "If execution shall not he sued out within five years from the date of any judgment that now is or may here- after he rendered, in any court of record in this Territory, or if five years shall have int.rvcned between the date of t!e last ex- ecution issued on such judgment and the tme of suing out another writ of execution thereon, such judgment shall be- come dormant, a0d shall cease to 'operate as a lien on the tate of the judgment debtor." Section 4623 is as follows: "An order to revive an action against the representative or successor of a defendant shall not be made without the con- sent of such representative or successor unle in one year from the time it could have been first made." And section 4630 provide; "I a judgment becom dormant it may be revived in the ame manner as prcribed for revivhn�tions before judg- ment." It is contended by the counsel for the appellant that this case is governed by the ruling of ths court in Duke, Major

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