Central Savings & Loan Association v. Gaumer

I respectfully dissent, for the determination by the majority here amounts to little more than an exercise in futility. No gain, only a loss to the litigants, is the ultimate result of this reversal.

The issue presented, as stated by appellants, is whether a judge of the district court could enter a decree on a motion for summary judgment after timely resistance had been made and another judge of that district had overruled the motion. In short, appellants contend the second judge had no jurisdiction to enter a decree in this matter until the prior ruling had been changed pursuant to hearing,…