Parvin v. Johnson

Citations

• 110 Kan. 356
• 203 P. 721
• 1922 Kan. LEXIS 50

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judge Pro Tem — Failure to Take Official Oath — De Facto Judge. One who exercises the powers and duties of judge pro tem under an election by the bar of the district court and with the recognition and acquiescence of the other officials of the court, is a de jacto judge and his official acts are valid and binding notwithstanding his failure to take the oath of office as provided by statute.</p> <p>2. Same — New Trial Erroneously Granted. In a case tried before a judge pro tem defendant failed to appear and judgment went against him. Four days thereafter he filed a motion to set aside the judgment and grant a new trial. The judge pro tem sustained the motion on the sole ground that the judgment was void because of his failure to take and subscribe to his oath of office. Held, error.</p>