Lidecker Tool Co. v. Coghill, Constable
Cases that cite this one
1 later published case cites this decision.
- Keller v. Tracy (Okla. 1938)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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 *135 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.