Beadles v. Smyser, 209 U.S. 393 (1908)

ERROR TO AND APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF OKLAHOMA

Syllabus

While this Court cannot review judgment of the Supreme Court of the Territory of Oklahoma unless the amount involved exceeds $5,000, where the judgment also directly involve the validity of other judgments, the amount in controversy may be measured by the aggregate of such judgments.

The principle of right and justice upon which the doctrine of estoppel in pais rests are applicable to municipal corporations.

Where public property of a municipality cannot be seized on execution and the municipality enters into a valid agreement with judgment creditor to apply the judgment fund to judgments in order of entry and complies therewith, it cannot, after the expiration of the statutory period when a judgment becomes dormant for failure to issue execution, plead the statute of limitation as a bar to those judgment not yet reached for payment under the agreement. The municipality is estopped both on the contract and on the ground of equitable estoppel, and so held as to judgment against a city in Oklahoma.

17 Okl. 162 reversed.

The facts are stated in the opinion.