Beadles v. Smyser

Citations

• 209 U.S. 393
• 28 S. Ct. 522
• 52 L. Ed. 849
• 1908 U.S. LEXIS 1713

Syllabus

<p>While this court cannot review judgments of the Supreme Court of the Territory of Oklahoma unless the amount involved exceeds $5,000, where the judgment also directly involves the validity of other judgments the amount in controversy may be measured by the aggregate of such judg--ments.</p> <p>The principles of right and. justice upon which the doctrine of estoppel in pais rests, are applicable to municipal corporations.</p> <p>Where public property of a municipality cannot be seized on execution and the municipality enters into a valid agreement with judgment creditors 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 limitations as a bar to .those judgments 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 judgments against a city in Oklahoma.</p>