183 Ind. 591 | Ind. | 1915
— The appellant, by cross-complaint, sued ap-
pellees in ejectment and to quiet title. Issues were formed, and on proper application, Hon. Lincoln Y. Cravens was, on October 3, 1911, appointed special judge to hear the cause, and forthwith qualified and assumed jurisdiction. On October 7, 191Í, the parties appeared and the trial of the cause was commenced but not completed, and, as the term of court expired on that day, it was extended for the
On December 4, 1911, all the parties appeared in open court, and by agreement the cause was continued until the next term, which commenced the first Monday in February, 1912. In the meantime, on January 13, 1912, all the parties appeared, pursuant to agreement, and argument of counsel was heard. On February 14, 1912, the parties appeared, and, by agreement, the cause was continued until the next term of court which commenced the fourth Monday in April, 1912. On May 13, 1912, the parties appeared, and by agreement the cause was continued until the next term of court which commenced on the first Monday of September. In the meantime the parties appeared and presented to the special judge their respective drafts of special findings, and arguments were heard thereon, and the special judge then indicated to the parties what the special findings would be, and it was agreed by all parties that the court should draft its findings, with conclusions of law thereon, and submit a copy thereof to each of the parties, and that at a later time, agreeable to the parties and the judge, the same should be filed during the September term. On September 13, 1912, all the parties appeared and the judge filed his special findings with conclusions of law thereon. As shown
Note. — Reported in 108 N. E. 948. Nunc pro tunc entry of judgments, see 4 Am. St. 828. As to power to render entry nunc pro tunc, see 20 L. R. A. 143. As to waiver of objection to jurisdiction of special or substitute judge, see 19 Ann. Oas. 94. See, also, under (1, 2) 11 Cyc. 764 ; 29 Cyc. 1516; (3) 11 Cyc. 733; (4) 11 Cyc. 699; 3 Cyc. 386; (5) 23 Cyc. 608; (6) 3 Cyc. 360.