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Casner v. Wooley

Casner v. Wooley, 1911 OK 79, 114 P. 700
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
March 21, 1911
Docket
No. 1320
Judges
Turner
Citations
114 P. 7001911 OK 7928 Okla. 4241911 Okla. LEXIS 113
Disposition
Dismissed.
Syllabus
APPEAL AND ERROR — Case-Made—Extension of Time to Settle— Powers of Special Judge. A special judge or judge pro tempore, while possessing the power to sign and settle a case-made after he has ceased to sit as judge, has no power to extend the time for its settlement and signing', and where he attempts to do so . 'his act is a nullity. (Syllabus by the Court.)
Summary
Etror from District Court, Tulsa County; B. L. Davidson, Special Judge. Action by F. W. Casner aginst James Wooley. Judgment jfor defendant, and plaintiff brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Turner

TURNER, C. J.

On January 9, 1909, tbe special judge trying the cause, after overruling the motion for a new trial, entered .judgment against the plaintiff, taxed him with the cost, and gave him 90 days in which to prepare and serve a case-made. After •the expiration of the term, and after he had ceased to sit as such, .•said judge, on March 30, 1909, granted an extension of time for .said purpose, and the case-made in question was signed and settled by him within the time thus extended.

The petition in error should be dismissed, pursuant to the motion filed. The law in Hornor et al. v. Goltry & Sons, 23 Okla. 905, 101 Pac. 1111 , and cases there cited, govern this case.

It is so ordered.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1912: 31914: 11915: 31924: 119122026peak 1912 · 3

Relies on it most ⓘ

  1. Rogers, County Treasurer v. Bass Harbour Co.150 P. 706 (Okla. 1915)
  2. City of Shawnee v. State Pub. Co.1912 OK 515, 125 P. 462
  3. Ragan v. Shannon1924 OK 453, 225 P. 672
  4. Bradley v. Farmers' State Bank1915 OK 117, 147 P. 302
  5. Murphey v. Favors1912 OK 54, 120 P. 641
  6. Cantwell v. Patterson1914 OK 119, 139 P. 517

Most recent

  1. Ragan v. Shannon1924 OK 453, 225 P. 672
  2. Rogers, County Treasurer v. Bass Harbour Co.150 P. 706 (Okla. 1915)
  3. Curlee v. Ruland1915 OK 406, 149 P. 1149
  4. Bradley v. Farmers' State Bank1915 OK 117, 147 P. 302
  5. Cantwell v. Patterson1914 OK 119, 139 P. 517
  6. Lidecker Tool Co. v. Coghill, Constable1912 OK 808, 128 P. 680

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Horner v. Goltry & Sons, 1909 OK 103, 101 P. 1111 18

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