Harris v. Morange

The dispute as to what occurred upon the trial can be settled only by Judge Gross, who tried the cause, and the duty devolves upon him, notwithstanding the fact that his term of office has expired. When settled, the case may be filed upon his fiat, under supreme court rule 44. The power possessed by the outgoing judge is analogous to th,at exercised by a referee after the trial of the issues in an action. Although he be fundus officio, so far as any new judicial action is concerned, the power, and with it the duty, of certifying to what occurred upon the trial before him remains. The…