Adamson v. Brady

Decision Date01 July 1947
Docket Number32498.
Citation182 P.2d 748,199 Okla. 55,1947 OK 204
PartiesADAMSON v. BRADY et al.
CourtOklahoma Supreme Court

Appeal from District Court LeFlore County; Wm. S. Hall, Judge.

Action by Henry T. Brady and others against Lucile Adamson administratrix of the estate of Henry Adamson, deceased, to establish a claim against the estate on a judgment. Judgment for plaintiffs, and defendant appeals.

Affirmed.

Syllabus by the Court.

1. The rendition of a judgment is the judicial act of the court in pronouncing the sentence of the law on the facts as ascertained by the pleadings and verdict. A judgment is rendered, within the meaning of the law, at the time it is pronounced by the court and is final, valid and enforceable as between the parties from that date, without formal entry.

2. Where it appears that by inadvertence and oversight, the court clerk did not enter a judgment at the time it was pronounced by the court, and for that reason, a nunc pro tunc order was later entered directing the clerk to make the entry of judgment as of the date it was pronounced, the judgment was effective as between the parties from the date of its pronouncement.

3. A mining partnership is not dissolved by the death of one of the parties.

A. E White of Poteau, for plaintiff in error.

Sam S Canterbury and Hudson & Hudson, all of Tulsa, for defendants in error.

RILEY Justice.

This is an appeal by Lucile Adamson, administratrix of the estate of Henry Adamson deceased, from a judgment rendered in an action commenced by defendants in error to establish a claim against the estate of said Henry Adamson, deceased.

From the record, it appears that in 1941 defendants in error obtained a judgment in the District Court of Tulsa County against Henry Adamson Coal & Mining Co., a mining co-partnership composed of Henry Adamson and Bessie Adamson. Execution was issued August 1, 1942 and returned 'no property found.'

It further appears that Henry Adamson died intestate on or about April 21, 1942, and that Lucile Adamson was appointed administratrix of his estate. Suggestion of the death of Henry Adamson and motion to revive the judgment were filed and, upon notice, and order was entered November 12, 1942, reviving the judgment as against Lucile Adamson, Administratrix of the estate of Henry Adamson, deceased.

Creditor's claim, with copy of the judgment and copy of the execution issued August 1, 1942, with sheriff's return attached, was presented to and disallowed by Lucile Adamson as such Administratrix, on August 25, 1942. This action to establish the claim against the estate of Henry Adamson was commenced in the District Court of Le Flore County November 14, 1942.

The petition alleged the rendition of the judgment in the District Court of Tulsa County on or about February 17, 1941, against Henry Adamson Coal & Mining Co., a partnership, in an action then pending in said court, entitled Henry T. Brady et al. v. Henry Adamson Coal & Mining Co., a pretended express trust, and Henry Adamson and Bessie Adamson, co-partners doing business under the style and firm name of Henry Adamson Coal & Mining Co.; that said Henry Adamson Coal & Mining Co. was and is a mining co-partnership composed of Henry Adamson and Bessie Adamson, the said Henry Adamson being the defendant's decedent herein. The petition then alleged the death of Henry Adamson as of April 21, 1942, and the appointment of administratrix, etc.

Answer was by general denial, admitting, however, the residence of the parties as alleged in the petition and that Henry Adamson is now deceased and that defendant is the duly appointed, qualified, and acting administratrix of his estate.

Issues were tried to the court, resulting in judgment for plaintiff as prayed for and directing defendant, as administratrix, to pay the judgment in due course of administration; and defendant appeals.

There are four assignments of error, but the principal contention is that in the original action judgment was not rendered against Henry Adamson Coal & Mining Co., a co-partnership, until July 30, 1942, the date the journal entry was signed by trial judge, and that Henry Adamson, one of the co-partners, had died on April 21, 1942, and the cause of action had not then been revived as to him.

The record shows that the cause was tried to a jury and a verdict was returned on February 17, 1941, finding the issues for plaintiffs and fixing the amount of their recovery at $17,802 as against the Henry Adamson Coal & Mining Co., a co-partnership. The verdict did not find who composed the partnership.

The record further shows that on February 20, 1941, there was...

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