As we view this record, we are called upon to exercise appellate and not original jurisdiction. In Wallace v. Clements, 125 Neb. 358, 250 N.W. 235, relied upon by defendant, an original application was made here for a moratorium on a case brought here on appeal. We held that it was not within the original jurisdiction of this court, and to grant it would require the reversal of a valid judgment on a question not presented to or considered by the trial court or raised here by the record, and that such a course was at variance with proper appellate procedure.
Nothing appearing in the record, the presumption is that the court had not adjourned sine die, but was open for the hearing and deciding of such motion to remand. 15 C.J. 899, sec. 270; Harrison v. German-American F. Ins. Co., 90 Fed. 758; Wallace v. Clements, 248 N.W. 58; Realty Holding Co. v. Donaldson, 294 Fed. 541; Abbott v. Brown, 241 U.S. 606, 60 L.Ed. 1199. It has been the uniform practice and custom for attorneys to meet at the chambers of the judge or at his office and present motions of this character.
Weyburn v. Watkins, 90 Miss. 728, 44 So. 145; Newman v. Meek, Freem. Ch. 441; Hesdorffer v. Welch, 127 Miss. 261, 90 So. 3; 8 A.L.R. 1001; So. Grocery Co. et al. v. Merchants P. Title Invest. Co., 54 S.W.2d 980; Federal Land Bank v. Vineyard et al., 63 S.W.2d 840; Federal Land Bank v. Floyd, 61 S.W.2d 449; Lincoln Safe Deposit Co. v. Carlson, 250 N.W. 236; Lemere v. White, 241 N.W. 105; Wallace v. Clements et al., 248 N.W. 58; Nelsen v. Doll et ux, 247 N.W. 44; Crews v. Alberts et al., 247 N.W. 602; Bothwell v. Godfrey et al., 168 A. 287; Griffith, Mississippi Chancery Practice, section 657; 19 R.C.L. 584. In the present case the debt was long past due, the security of the bank was both depreciating in value and subject to increasing burdens of taxes and insurance charges.