CO-OP. GIN & ELEVATOR CO. v. ASBURY

CO-OP. GIN & ELEVATOR CO. v. ASBURY
1913 OK 650
142 P. 802
40 Okla. 141
Case Number: 4016
Decided: 11/18/1913
Supreme Court of Oklahoma

CO-OP. GIN & ELEVATOR CO.
v.
ASBURY.

Syllabus

¶0 APPEAL AND ERROR--Record--Case-Made--Settlement. A judge pro tempore upon overruling a motion for a new trial and rendering final judgment allowed a certain time for making and serving a case-made, and fixed a time within which amendments were to be suggested, and ordered that it be settled upon three days' notice by either party. Held, that the term of office of such judge expired after the last day fixed for suggesting amendments, and a case-made settled by him after that time is a nullity.

 
Wallace & Rice, for plaintiff in error.
Carter & Cook, for defendant in orror.

TURNER, J.

¶1 This cause was tried in the court below before a judge pro tempore, who, on December 4, 1911, overruled a motion for a new trial, and made and entered an order extending the time for plaintiff in error to make and serve a case-made for a period of 60 days from said date. In the same order plaintiff was given ten days thereafter to suggest amendments, the case-made to be signed and settled upon three day's notice by either party. But the same was not signed and settled by the judge pro tempore until the 2d day of May, 1912. The motion of defendant in error to dismiss, on the ground that the judge pro tempore was without power to sign and settle the case-made after the time fixed in the order had expired, is sustained. City of Shawnee v. State Publishing Co. et al., 33 Okla. 363, 125 P. 462; Missouri Pacific Ry. Co. v. Preston, 63 Kan. 819, 66 P. 1050.

¶2 HAYES, C. J., and KANE and LOOFBOURROW, JJ., concur; WILLIAMS, J., absent, and not participating.