This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...until November 12, 1000, when, it appearing from the affidavit of J. H. McCulloch, one of the attorneys for the Omaha National Bank, that Robinson was dead, that no order of revivor had been made, and that more than one year had elapsed since such order could have been made, the action was stricken from the docket. The case remained in this condition until February, 1004, when a motion was made in behalf of the executors of Robinson to revive the original judgment in the district court A conditional order of revivor was allowed providing that, unless the defendant showed cause by March 14, 1904, the judgment should stand revived. The defendant made a return to this order to show cause by alleging the facts in regard to the death of Robinson, the reversal of the judgment, and the action of the district court thereafter striking the case from the docket Evidence was adduced, and at the hearing the district court sustained the motion for revivor, and made it absolute. No motion for a new trial was filed. The plaintiff In error in its petition assigns: (1) The court erred in sustaining the motion of this defendant in error for a revivor of said judgment; (2) the court erred in signing and directing the entry of the order reviving said Judgment The first question presented is whether or not these assignments present any question for review in view of the fact that no motion for a new trial was filed in the district court. In the view we take of the case, it is not necessary to consider this assignment. We are of the opinion that the proceedings had in the Supreme Court were void; that the judgment of reversal was of no validity, nor was the mandate of any force. We have repeatedly said that a Judgment rendered by a court without jurisdiction...