Co-Op. Gin & Elevator Co. v. Asbury

Supreme Court of Oklahoma

Co-Op. Gin & Elevator Co. v. Asbury

1913 OK 650, 142 P. 802, 40 Okla. 141, 1913 Okla. LEXIS 36

Supreme Court of Oklahoma·Decided November 18, 1913·No. 4016·Published·Cited by 3 cases

Opinion

TURNER, J.

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 *142 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 Pac. 462; Missouri Pacific Ry. Co. v. Preston, 63 Kan. 819, 66 Pac. 1050.

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

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TURNER, J.

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 *142 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 Pac. 462; Missouri Pacific Ry. Co. v. Preston, 63 Kan. 819, 66 Pac. 1050.

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

Co-Op. Gin & Elevator Co. v. Asbury, 1913 OK 650, 142 P. 802, 40 Okla. 141, 1913 Okla. LEXIS 36 (Okla. 1913).

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