Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-20
IN THE SUPREME COURT OF THE
STATE OF NEVADA.

STATE OF NEVADA.
Ebenezer Twaddle and Ebenezer
Twaddle as Special Adnr., Of this
! Estate of Alexander Twaddle, de-
ceased,
Plaintiffs and Respondents
V.
/ Theodore Winters, A. c. Winters, L
w. Winters and Samuel Tonga
baugh,, So
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 new trial, upon
! the ground that the statement was
not filed within the time prescribed
by law. The appeal from the judg-
rent is dismissed because not taken
until March, 1905, more than one
year after its rendition on June %,
1898. On that day Judge Curler CT
the Second judicial District court
who had tried the case at Reno and
rendered the decree, made in open
court and had entered in the minutes
an order chat all business and all
cases and proceedings that have not
been completed or in the process OF
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 bu mess now
before the court in the absence OF the
Judge of this district"
Pursuant TO this request Judge Mu"-
ply occupied the bench IN Reno until
July 81, 1908, 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 open
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 an ex parte order
made without affidavit of Judge Gu:
; ers absence or inability, granted the
defendants until September IS, 1908
, within which to prepare, file and
serve their notice and statement on
motion for a 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 the several period:
of tine 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 cou'
: rule XLIH which directs that nc
judge, except the judge having charge
of the cause or proceeding shall gran
further time to plead move. or do an!
act or thing required to be done il
any cause or proceeding, unless it be
shown by affidavit that such Judge i,
absent from the oIate, or from som
other cause is unable to act
Rule XII provides: when any
; district Judge shall have entered upol
I the trial or hearing Of any cause o
proceeding, demurrer or motion, o.
made any ruling. order or decision
therein, no other Judge shall do an.
} act or thing in or about said cause
6 proceeding demurrer or motion, ul
) less upon written request of the judg
) who shall have first entered upon tn
> trial or hearing of said cause, proceed
y ing demurrer or motion"
Section 2573 of the Compiled laws
passed after section 1877 of the Prac
tice Act as quoted, enacts: The dis
. trict judges of the State of Nevad;
shall possess equal coeXtensive an
concurrent jurisdiction and power
They shall each have power to hol
: court in any county of the State
j., They shall each exercise and perforI
the powers, duties and functions {
e the court, and of Judges thereof, AM
u of Judges at Chambers. Each judg
= shall have power to transact bushes
c which may be done in chambers q
z any point within the State. All [
IL this section is subject to the prov
j. sions that each Judge may direct an
Il control the business in hi own eli
e. trict, and shall see that it it properl
q performed"
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 Juds
Murphy during tho formers absenc
and that Judge Murphy became tt
Judge in charge, endowed with the a
thority to grant the extension witho1
the presentation Of the affidavit sho7
ing the absence or inability of Juds
Curler, as the rule requires before IL
order can be made by Judge n
H.