Berkley v. Tootle

The opinion of the court was delivered by

Johnston, J.:

This was a second attempt to obtain an order reviving a judgment, and was made about two years after the judgment had become dormant. The first application to revive the judgment was made within one year after dormancy and within the time allowed by statute, but it was made before a judge at chambers who had no authority to entertain the application or to order a revivor. Being disqualified and without authority, the order which was made by him was 'without force and has been held to be a nul*702lity. (Tootle v. Berkley, 60 Kan. 446, 56 Pac.…