Sec. 175. Pleading, practice and procedure the same in the county court as in the district court. For the trial of all civil cases, now, or hereafter pending, or transferred in or to any county court, the pleadings, practice and procedure shall be the same as in the district court.20 Sec. 176. When the judgment becomes a lien on the real estate. Judgments of courts of record of this State, and of courts of the United States, rendered within this State, will be liens on the real estate of the debtor within the county in which the judgment is rendered from and after the time the judgment is entered on the judgment docket. An attested copy of the journal entry of any judgment, together with a statement of the costs taxed against the debtor in the case, may be filed in the office of the clerk of the district court of any county, and such judgment will be a lien on the real estate of the debtor within that county, from and after the date of filing and entering such judgment on the judgment docket. The clerk is required to enter such judgment on the appearance and judgment docket in the same manner, and within the same time after such judgment is filed in his office as if rendered in the court of which he is clerk. Execution must only be issued from the court in which the judgment is rendered.21 There seems to be no other provision of the statute as to the manner of enforcing a judgment in the county court in this State. There is no statute directing execution to issue directly out of the county court to enforce such judgment. Following the analogy of the manner of enforcing judgment from the district court, the safer and better procedure would be to file a transcript of the judgment with the clerk of the district court, then have an execution issued from that court. However, in view of the fact that judgments of the 20 Snyder, 3,989. 21 Snyder, 5,941; Wilson, 4,608; Kansas, 4,868 (1901), identical. county court are liens on real estate in the county where the judgment was entered, and in view of the fact that the statute above stated, provides that the practice and procedure in the county court shall be the same as in the district court, the author is of the opinion that an execution, in the first instance may issue out of the county court, to enforce its own judgment rendered therein. In stating this view, the writer is not unmindful of the decisions on this subject as to judgments by probate courts.22 Sec. 177. Execution to conform to judgment-Special cases. In special cases not hereinbefore provided for, the execution shall conform to the judgment or order of the court. When a judgment for any specified amount, and also for the sale of specific real or personal property shall have been rendered, and an amount sufficient to satisfy the amount of the debt, or damages and costs, be not made from the sale of the property specified, an execution may issue for the balance, as in other Sec. 178. Judgment of justice of the peace-How docketed by clerk of district court. In all cases in which a judgment shall be rendered by a justice of the peace, the party in whose favor the judgment was rendered may file a transcript of such judgment in the 22 Eldridge v. Robertson, 15 Okla. 599, 87 Pac. 659. By Sec. 1 of Art. 15, Title, Court, of the statutes of Oklahoma of 1893 (which article was ratified by Congress), which provides that probate courts shall not order or decree the sale or partition of real estate, a sale of real estate made under an execution issued out of such court is absolutely void, and a sheriff's deed to the purchaser conveys no title. And when the land has been condemned for railroad purposes, and the money paid into court, the original owner of the land (who was the judgment debtor in the suit in which the land was sold under such execution) will be entitled to the condemnation money. Eldridge v. Robertson, 15 Okla. 599, 87 Pac. 659. 23 Snyder, 6,043; Wilson, 4,708; Kansas, 4,994 (1901), identical; see, also, Norton v. Reardon, 67 Kan. 302, 72 Pac. 861; Watson v. Keystone, 70 Kan. 61, 78 Pac. 156; Ibid, 70 Kan. 43, 74 Pac. 269. office of the clerk of the district court of the county in which the judgment was rendered; and thereupon the clerk is required on the day on which the same was filed, to enter the case on the appearance docket, together with the amount of the judgment and time of filing the transcript; and must also enter the same on the judgment docket as in case of a judgment rendered in the court of which he is clerk.24 Sec. 179. Judgment of a justice of the peace becomes a lien on real estate, when. Such judgment shall be a lien upon the real estate of the judgment debtor, from the day of filing the transcript, in the same manner and to the same extent as if the judgment had been rendered in the district court.2 Sec. 180. Execution thereon may be issued by the clerk of the district court. Execution may be issued thereon, to the sheriff, by the clerk of the court, in the same manner as if the judgment had been taken in court; and the sheriff shall execute and return the same, as other executions; and in case of sale of 24 Snyder, 6,044; Wilson, 4,710; Kansas, 4,995 (1901), identical; Nebraska, 1,566 (1907), identical. Dormant judgment in the justice's court not revived by filing a transcript under the statute. Lingen v. Gates, 26 Kan. 135. When the transcript is properly filed in the office of the clerk of the district court, according to the statute, the judgment becomes subject to the same rules, and is vested with the same powers, as though originally rendered in the district court. Rahm v. Soper, 28 Kan. 159. The transcript of the justice, to become a lien on real estate, must be filed in the district court of the county where the judgment is recovered, and cannot, in the first instance, be filed in the district court of another county. Pemberton v. Pollard, 25 N. W. (Neb.) 582; McBride v. Lathrop, 38 N. W. (Neb.) 32; Caton v. Grueing, 28 N. W. (Neb.) 256. Such filing of the transcript does not make it a judgment of the district court. Moores v. Psyche, 62 N. W. (Neb.) 1,072; Farmers State Bank v. Banes, 90 N. W. (Neb.) 945. 25 Snyder, 6,045; Wilson, 4,711; Kansas, 4,996 (1901), identical; Nebraska, 4,618 (1907), identical; see, also, Lamme v. Schilling, 25 Kan. 64; Chadron v. Association, 63 N. W. 808. real estate, his proceedings shall be examined and approved by the court as in other cases.20 Sec. 181. Justice to certify costs. The justice of the peace shall certify on the transcript, the amount, if any, paid on such judgment.27 Sec. 182. Judgment may be revived, when. If such judgment becomes dormant, or if any of the parties thereto die before the same is satisfied, it may be revived in the same manner as other judgments in the district court, and a certified copy of the entry of such transcript may be filed in the office of the clerk of the district court of any other county, and shall be a lien on the real estate of the debtor, in such county, from the date of the filing of such copy.28 Sec. 183. The procedure by which real estate is levied upon and sold under judgment in a civil action-The petition in the action. Comes now the plaintiff herein, and for his cause of action alleges that this, his action, is founded on a promissory note, of which the following is a true copy. (Here copy same.) Said note is indorsed as follows, there being no credits on the same: There is due plaintiff from defendant on said note the sum of with interest on said sum from the day of 24 Snyder, 6,046; Wilson, 4,712. 27 Snyder, 6,047; Wilson, 4,713. 28 Snyder, 6,048; Wilson, 4,714; Kansas, 4,999 (1901), identical; see, also, Israel v. Nichols, 37 Kan. 68, 14 Pac. 438; Angell v. Martin, 24 Kan. 344. 19, at the rate of per cent. per annum, for which, with costs of suit, he prays judgment against the de fendant. State of Oklahoma, Attorneys for Plaintiff. County, ss.: being first duly sworn, says that he is the plaintiff in the above action; that the facts stated in the above petition are true. Subscribed in my presence and sworn to before me this of County: Please issue summons in the above entitled cause to County, Oklahoma, making same returnable on the 19, and designate therein the 19-, as answer day, and deliver the same to the County, and indorse thereon that if defendant day of day of |