BROWN v. TUCKER

BROWN v. TUCKER
1941 OK 381
119 P.2d 42
189 Okla. 615
Case Number: 30390
Decided: 11/18/1941
Supreme Court of Oklahoma

BROWN et al.
v.
TUCKER et al.

Syllabus

¶0 APPEAL AND ERROR--District county assigned to county outside district not authorized after assignment expires to extend time for service of case-made.
A district judge, who has been assigned by order of the Chief Justice to hold court in a county outside of the district in which he is elected, has no authority, after the expiration of the time fixed in the order assigning him to hold court in said county, to grant an extension of time in which to prepare and serve case-made, in a case tried before him while lawfully holding court in said county.

Appeal from District Court, Custer County; Cham Jones, Assigned Judge.

Action by John A. Brown and others against W. A. Tucker and another. From a judgment for the defendants, plaintiffs appeal. Dismissed.

Sid White, of Oklahoma City, for plaintiffs in error.
R. H. Dunn and Walter S. Mills, both of CIinton, for defendants in error.

PER CURIAM.

¶1 Judgment was entered in this case on March 19, 1940. Motion for new trial was filed by the plaintiffs on the same day, but said motion does not seem to have been acted upon. On June 28, 1940, the plaintiffs filed a motion to vacate the judgment and to render judgment in accordance with the findings and within the issues. This motion was on November 22, 1940, overruled by Judge Cham Jones, assigned judge who tried the cause, and the plaintiffs were allowed an extension of 60 days within which to make and serve a case-made. On January 17, 1941, Judge Jones made an order allowing a further extension of 30 days from January 21, 1941, within which to make and serve a case-made. The case-made was served on February 11, 1941. The defendants have filed a motion to dismiss the appeal on the ground that at the time Judge Jones made the last extension order he was not assigned to hold court in Custer County. The record shows this to be a fact. It follows that the last extension is void, and the casemade not having been served within the 60 days allowed by the order of November 22, 1940, the case-made is a nullity. Graf Packing Co. v. Palphrey, 178 Okla. 95, 62 P.2d 53; Boswell v. Ingram, 104 Okla. 240, 230 P. 909; Southwestern Electric Co. v. Nunn Electric Co., 80 Okla. 6, 193 P. 973. The errors urged can only be considered on a case-made.

¶2 Appeal dismissed.

¶3 WELCH, C. J., CORN, V. C. J., and HURST, DAVISON, and ARNOLD, JJ., concur. RILEY, OSBORN, BAYLESS, and GIBSON, JJ., absent.