¶1In so far as the judgment of January 14, 1902, is for costs against the claimant, Douglass Williams, it is void for the reason that said Williams was dead, a fact which appeared on the records of the cause.
¶2In so far as that judgment is one of dismissal of the claim-suit for want of prosecution it is erroneous, for that the twelve months allowed by the Code — § 38 — for revivor of Williams’ suit had not elapsed.
¶3Reversed and remanded.