Legal Opinion

Horner v. Goltry & Sons

Supreme Court of Oklahoma

Decided May 12, 1909No. 581PublishedCited by 19 opinions

Error from District Court, Garfield County; Winfield Scott, Special Judge. Action between Harry N. Horner and another and Goltry & Sons. From the judgment, Horner and such other bring error, and Goltry & Sons move to dismiss the petition in error.

1Opinion of the CourtDunn, J.

Two question are presented in the motion to dismiss the petition in error in this case. The first is: May a special judge or a judge pro tempore, after he has ceased to sit in the cause, extend the time for making and serving a case-made.

The facts out of which this question arises are as follows: On May 12, 1908, the motion for new trial in the above-entitled cause was by Winfield Scott, the special judge who tried the same, overruled, and 60 days given plaintiffs in error within which to prepare and serve a case-made preparatory to appealing the case to this court. On July 10, 1908, on the…

2Cases cited5 opinions

  1. City of Shawnee v. FarrellSupreme Court of Oklahoma · 1908
  2. Hulme v. DiffenbacherSupreme Court of Kansas · 1894
  3. Atchison, Topeka & Santa Fe Railroad v. LeemanCourt of Appeals of Kansas · 1897
  4. Wallace v. CaldwellCourt of Appeals of Kansas · 1899
  5. Reese v. PlattCourt of Appeals of Kansas · 1896

3Cited by19 opinions

  1. Rogers, County Treasurer v. Bass Harbour Co.Supreme Court of Oklahoma · 1915
  2. Rasberry v. StateCourt of Criminal Appeals of Oklahoma · 1909
  3. City of Shawnee v. State Pub. Co.Supreme Court of Oklahoma · 1912
  4. Douglas v. Clayton Townsite Co.Supreme Court of Oklahoma · 1911
  5. Casner v. WooleySupreme Court of Oklahoma · 1911

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