year after arriving at the age of twenty-one years, may show cause against such order or judgment.0

The statute does not give an infant absolute right to set aside a judgment; it only gives him the right to show cause why the judgment should be set aside."1

Sec. 113. Judgments in district court on cases appealed from the county court.

When a final judgment has been rendered against an appellant in the district court in an action appealed from the county court, or justice's court, under the provisions for appeals from said courts, the court, on motion of the appellee, or any other person having an interest in such judgment, or right to any part of the costs in such action, after ten days' notice of said motion, to be served on appellant by copy delivered to him, may enter up judgment in the name of the appellee, or his legal representatives, against the surety or sureties on the appeal bond of the appellant, for the amount of such judgment and costs, which, by the terms thereof, the appellant may be required to pay. Execution may be issued on such judgment as in other cases, for the use and benefit of the successful party, or any person interested in such judgment, or in costs of such action. In case the bondsmen appeal from the judgment entered upon such motion, execution therein will be stayed for sixty days."2

Sec. 114. Judgment and orders to be entered on journal.

All judgments and orders must be entered on the journal of the court, and specify clearly the relief granted or order made in the action."

63

60 Snyder, 5,935; Wilson, 4,602; Kansas, 4,862 (1901), similar; Nebraska, 1,432 (1907), identical; Delashmutt v. Parent, 39 Kan. 548, 18 Pac. 712; Claypool v. Houston, 12 Kan. 324; McCraire v. Creighton, 107 N. W. (Neb.) 240; Starr v. Watkins, 11 N. W. (Neb.) 363.

61 Manfull v. Graham, 76 N. W. (Neb.) 19; Ohio Gen. Code, Sec.

The failure of the clerk or recording officer to make a correct record does not vitiate the proceedings in a court of record. The court may, at any time during the term, at which the proceeding is had, correct, amend or supply omissions to make the record speak the truth. Such records, when so corrected, relate to the time when the proceedings were in fact had.64

On proper application and notice, the court may, by nunc pro tunc order, cause its records to speak the truth and be amended so as to record any part of the proceedings had in any cause which, by inadvertence or mistake, the clerk has omitted to report.

A person interested in a proceeding of a court of record may appear before the court at any time, and ask to have the journal made correct and complete as of the date such record should have been made, and the court should entertain and hear such motion upon notice to those adversely interested. Where the default was that of the court or its officers, it is the duty of the court to make its record complete at any subsequent date when the default is called to its attention without the formality of a motion. 66

Ex parte Cook, 2 Okla. Cr. 684, 103 Pac. 1,041.

In re McQuown, 19 Okla. 347, 91 Pac. 689.

6 Board v. Kansas, 19 Okla. 375, 91 Pac. 699. The minutes from which the judgment is made up, and even the judgment and any paper signed by a master are not properly evidence of the record. Cockrell v. Schmidt, 20 Okla. 297, 94 Pac. 521. In an action upon a promissory note, tried to a jury, and in which the jury returned a verdict for the plaintiff for a certain amount, it is the duty of the clerk, under the provisions of the code, to immediately enter judg ment upon the journal of the court

for the amount of the verdict, unless otherwise directed by the court; and, if he fails so to do, he may thereafter enter the same, the form thereof being approved by the court, without notice to the defendant, at any time before the rights or interests of third persons intervene which may be affected by such entry without notice. Selders v. Boyle, 5 Kan. App. 504, 49 Pac. 320; see, also, Pleasant v. Shawgo, 54 Kan. 732, 39 Pac. 704; Church v. Gooden, 22 Kan. 527; Franklin v. Mereda, 50 Cal. 293; Young v. Shellenberger, 41 N. E. (Ohio), 518. In order to create a lien on the real estate of a judgment debtor, the judgment must be

The court, at all times during the term, and at any time during a subsequent term, has power to make its journal speak the truth. If, by mistake or fraud, a judgment is entered when, in fact, no judgment was granted or allowed, the court has full power to correct the record so it may show the real action of the court as to the same. The court may do this of its own motion or on application of a party interested.67

Sec. 115. The clerk to make complete record in case, when.

The clerk is required to make a complete record of every cause as soon as it is finally determined, whenever such record shall be ordered by the court.68

Sec. 116. Judge may sign record at next term.

The clerk is required to make up such record in each cause in the vacation next after the term at which the same was determined; and the presiding judge of such court must, at its next term thereafter, subscribe the same."9

Sec. 117. What papers constitute complete record.

The record must be made up from the petition, the process, the return, the pleadings subsequent thereto, reports, verdicts, orders, judgments and all material acts and proceedings of the court, but if the items of an account, or the copies of papers attached to the pleadings be voluminous, the court may order the record to be made by abbreviating the

entered on the journal during the term at which the judgment was taken. Coe v. Erb, 59 O. S. 259.

67 Krusela v. DeCamp, 15 C. C. (Ohio), 494.

68 Snyder, 5,937; Wilson, 4,604; Kansas, 4,864 (1901), identical; Nebraska, 1,434 (1907), identical;

Ohio Gen. Code, Sec. 11,605 (1910),

identical. The right to have such record may be waived by all the parties. Johnson v. Rawles, 58 N. W. (Neb.) 142; Colonial V. Foutch, 47 N. W. 929.

69 Snyder, 5,938; Wilson, 4,605; Nebraska, 1,435 (1907), identical. This statute directory. Colony v. Billingly, 89 N. W. (Neb.) 744.

same, or inserting a pertinent description thereof, or by omitting them entirely. Evidence must not be recorded."

Sec. 118. Upon failure of clerk to make complete record, court may do so.

When the judicial acts and other proceedings of any court have not been regularly brought up and recorded by the clerk thereof, such court is required to cause the same to be made up and recorded within such time as it may direct. When they are made up, and, upon examination, found to be correct, the presiding judge of such court must subscribe the same.71

Sec. 119. Judgment becomes dormant, when.

If an execution be not sued out within five years from the date of any judgment that now is or may hereafter be rendered, in any court of record in this State, or if five years have intervened between the date of the last execution issued on such judgment, and the time of suing out another writ of execution thereon, such judgment shall become dormant and will cease to operate as a lien on the estate of the judgment debtor.72

Sec. 120. Dormant judgments-How revived.

When a judgment becomes dormant, it may be revived in the same manner as is prescribed for reviving actions before judgment.73

70 Snyder, 5,939; Wilson, 4,606; Kansas, 4,866 (1901), identical; Nebraska, 1,436 (1907), identical; Ohio Gen. Code, Sec. 11,607 (1910), identical.

71 Snyder, 5,940; Wilson, 4,607; Kansas, 4,867 (1901), identical; Ohio Gen. Code, Sec. 11,609 (1910), identical.

72 Snyder, 5,969; Wilson, 4,635; Kansas, 4,895 (1901), identical; Nebraska, 1,480 (1907), identical; Ohio Gen. Code, Sec. 11,663 (1910), similar. For discussion of this statute, see Section herein, chapter on Executions.

73 Act of March 16, 1893; Wilson, 4,630.

Parties must be notified and the sheriff must make return of service in actions for this purpose." 74

Sec. 121. Judgment lien-General discussion.

"as

It has been said of this lien created by a judgment, that, a general rule, and except in special and peculiar cases, it does not belong to the courts of law to prescribe the kind or extent of the lien which shall result from the judg ments they pronounce, or to control it in any way, as by restricting it to certain prescribed property. The court has usually nothing to do with the manner in which its judgment shall be enforced, or the fund from which it shall be satisfied; it merely pronounces the sentence of the law on the facts before it, to which, thereupon, the incident of the lien attaches by virtue solely of positive law. It is, of course, to be understood that reference is here made to judgments at law, as distinguished from decrees in chancery. The powers of equity in this respect are sufficiently familiar. The lien of a judgment upon the lands of a judgment debtor is entirely the creature of the statute, and is not dependent, in any manner, on contract of the parties. It begins, continues and terminates at the will of the Legislature." "

The party in whose favor a judgment is secured has no set interest in the real estate of the judgment debtor. His right in the judgment can be secured only by taking such steps under his lien as will enable him to enforce it. He cannot, if the judgment debtor has sold the real estate upon which he has a lien, go after the proceeds of the sale thereof. His right is to have an execution issued and the real estate sold

74 Wilson v. McCormick, 10 Okla. 180, 61 Pac. 168; Neal v. LeBreton, 14 Okla. 538, 28 Pac. 376. Judgments in the county court that have become dormant must be revived as required by this statute. Creighton v. Gonni, 37 N. W. (Neb.) 76. The lien dates from

the time of the revivor. Horbach v. Snively, 74 N. W. (Neb.) 623; Hahnes v. Dovey, 98 N. W. (Neb.)

631.

75 Black on Judgments, Sec. 402, citing Castro v. Illies, 13 Tex. 229; Houston v. Houston, 67 Ind. 276.