Lidecker Tool Co. v. Coghill, Constable

1912 OK 808, 128 P. 680, 35 Okla. 134, 1912 Okla. LEXIS 525

Opinion

WILLIAMS, J.

On January. 11, 1911, the motion for a new trial was overruled by John Q. Adams, the judge pro tempore, who tried the cause in the lower court. At that time the plaintiff in error (plaintiff below) was granted an extension of 60 days in which to prepare and serve a case-made. On March 3, 1911, the said John Q. Adams,'as judge pro tempore, again extended the time for 60 days in which to prepare and serve a case-made. The case-made was served on May B, 1911, and settled by the said John Q. Adams, the special judge, on May 22, 1911.

It is settled that a special judge, or judge pro tempore, after he has ceased to sit as a judge, has no power to extend the time to serve a case-made, and “where he attempts to do so his act is a nullity.” Murphey v. Favors, 31 Okla. 162, 120 Pac. 641; Casner v. Wooley, 28 Okla. 424, 114 Pac. 700; Horner v. Goltry & Sons, 23 Okla. 905, 101 Pac. 1111; City of Shawnee v. Farrell, 22 Okla. 652, 98 Pac. 942.

The proceeding in error is therefore dismissed.

All the Justices concur.