Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-02-22

IN THE SUPREME COURT OF THE
STATE OF NEVADA.
Ebenezer Twaddle and Ebenezer
1 TwaddIe rs Special Admir-, Of the
! Estate Of Alexander Twaddle, de-
/ ceased,
Plaintiffs and Respondents
Theodore Winters, A. c. Winters, L.
w. Winters and Samuel Lonea-
bauah,,
Defendants and Appellants
From I'd judicial District Court, Wash
oe County.
Messrs. Cheney and Massey, attorneys
for Plaintiffs.
Alfred Chartz, attorney for Defend.
ants.
DECISION
The respondents have moved to dis
miss the appeal from the judgment
because it was not taken within one
year, and to dismiss the appeal from
the order of the district court denying
appellants motion for a new trial, also
to strike from the records the state
| ment on motion for a new trial, upon
the ground that the statement was
not flied within the time prescribed
by law. The appeal from the judg-
ment is dismissed because not taken
until March, 1885,. more than one
year after its rendition on June %,
1903. On that day Judge Curler Of
the Second Judicial District court
who had tried the case at Reno and
40 in,
court and had entered in the minutes
an order thai all business and all
cases and proceedings that have not
been completed or in the process CT
completion. and all new business that
may be brought before the court dur
ing the absence of the presiding judge
be referred to Judge NJ. A. Murphy
of the first judicial district court OF
the State Of Nevada, and that he be
requested to try, determine and dis
pose of all cases and business now
before the court il the absence CT the
Judge of this district "
Pursuant TO this request Judge Mu"-
ply occupied the bench in Reno until
July 81. 1903 when a recess was TAX
en- until a further order OF the court.
There was no other session until
Judge Curriers' return on August 18th.
On July 18th, Judge Murphy. in cpan
court in Reno. made an order allow
ing plaintiff until August 18th in
which to file objection to findings,
and prepare additional findings. On
August Sd Judge Murphy at Carson
City, and within his own first judi
cial district, by ar eX parte order
made without affidavit of Judge Cur
ler's absence or inability. granted the
defendants until September Is, 1908,
within which to prepare. file and
serve their notice and statement on
motion for new trial. Later exteh-
sions were made by Judge CUrler, but
whether they are effectual depends
upon this order which respondents
! claim Judge Murphy was unauthorized
to make under Section 1877 of the
Practice Act which provides in regard
to notices and statements on motions
for new trial that 1.-The several periods
/ of time limited may be enlarged by
the written agreement of the parties,
or upon good cause shown. by the
court, or the Judge before whom the
case is tried and under district court
rule XLII which directs that mo
judge, except the Judge having charge
of the cause or proceeding shall grant
further time to plead, move, or do any
act CT thing required to be done in
any cause or proceeding. unless it be
shown by, affidavit that such Judge is
i absent from the ,oLate, or from sons
'otheri cause. is unable to act 10.
Rule XII provides: when any
I: .k~ to- 81 -1,n1
the trial or hearing of any cause 81
proceeding, demurrer or motion, o.
fssnade any ruling. order, or decision
therein, no other Judge shall do an.
act or thing in or about said cause
proceeding, demurrer or motion, un
less upon written reauesttof'thej judge
who shall have first entered upon thu
trial or hearing of said cause, proceed
ing demurrer or motion" g
Section 2573 of the Compiled laws
passed after section 1877 of the Prac
tice Act as quoted, enacts: "Theed
trict judges of the State Of Nevad:
shall possess equal coextensive q an;
concurrent jurisdiction and power
They shall each have power to hol
court in any county of the State
They shall each exercise and perforI
the powers, duties and functions q
the court, and of Judges thereof, an;
! of Judges at Chambers. Each jddg
shall have power to transact bushes
which may be-done in chambers
any point within the State. All c
} this section is subject to the prov
I sions that each judge may direct an
2 control the business in his own di
trict, and shall see that it it properl
: performed" %E -
l We think under the minute orde
: and circumstances related; the powe
= inherent in Judge Curler to exten
the time Of filing the notice and stat
ment became conferred upon Jude
Murphy during the formers absenc
and that Judge Murphy became tt
Judge in charge, endowed with the a
thority to grant the extension witho'
the presentation of the affidavit sho'
ing the absence or inability OF Jud.
Curler, as the rule requires before II
order can he made by Judge n
=, l~,,1 sS,Nc Sv,ko M