Stanton v. Barnes

*542The opinion of the court was delivered by

Porter, J.:

A motion to dismiss the proceeding in error is based upon the claim that no definite time for settling the case was fixed by the trial judge. The term of office of Judge Hazen, before whom the case was tried, expired January 9, 1905. The motion for a new trial was denied October 24, 1904, and an extension of sixty days was given to make and serve a case-made. This time expired December 23, 1904. On December 19, 1904, the time was further extended to, and including, January 15, 1905. On January 14, 1905, Judge Dana, the successor in office of…