Sharum v. Lasley
This text of 1923 OK 323 (Sharum v. Lasley) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Tbis cause was tried before a special judge, who upon overruling the motion for a new trial granted additional time in which to prepare and serve a ease-made. The case-made was not served in the time allowed, but before the expiration thereof, by order of the special judge, made after the expiration of the time that he was assigned to hold court in that district and after he had ceased to sit as a court therein, an additional extension was granted, and thereafter other orders were entered by him granting additional extensions.
It is settled that a special judge has no power, after he ceases to sit as a court, to extend the lime for making and serving a case-made, and where he attempts to do .so, his act is a nullity; therefore, the motion to dismiss must be sustained. McGuire v. McGuire, 78 Okla. 164, 189 Pac. 193; First State Bank v. School District, 63 Okla. 233, 164 Pac. 102; Bradley v. Farmers State Bank, 45 Okla. 763, 147 Pac. 302.
The appeal is dismissed.
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Cite This Page — Counsel Stack
1923 OK 323, 215 P. 757, 90 Okla. 34, 1923 Okla. LEXIS 1098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharum-v-lasley-okla-1923.