Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-30
IN THE SUPREME COURT OF The
STATE OF NEVADA

( Estate of Alexander Twaddle, de-
ceased,
Plaintiffs and Respondents
V.
I Theodore Winters, A. c. Winters, L.
w. Winters and Samuel Tonga
baush,,
Defendants and Appellants
From I'd judicial District Court, Wash.
/ oe County.
Meesrs. 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 filed within the time prescribed
by law The appeal from the juds-
ment is dismissed because not taken
until March, 1905. more than one
year after its rendition on June IS,
1908. On that DAY Judge Curler If
the Second Judicial District court
who had tried the case ut Reno and
rendered TIE decree, made in open
court and had entered in the minutes
an order that all business and all
cases and proceedings that have not
been completed or in the process or
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 huTness now
. before the court in the absence Of the
Judge of this district"
Pursuant 10 This request Judge Mu"-
! ply occupied the bench IN Reno until
July 81. 1903, when a recess was TAX
en- until further order OF the court,
There was no other session until
Judge Curriers' return on August 1'th.
On July 18th. Judge Murphy. in open
court in Reno, made an order allow
inc plaintiff until August 18th n
Which to file objection to findings,
and prepare additional findings. On
August Sd Judge Murphy at Carson
City. anl within his own first judi
Cial district, by an eX parte order
made without affidavit Of Judge Cur
ler's absence or inability. granted lAe
defendants until September IS. 1903,
within which to prepare, file and
serve their notice and statement On
motion for a ne7F trial. Later eXteh-
siOns were made by Judge Curler, but
whether they are efectual dement's
upon this order which respondents
claim Judge Murphy vas unauthorized
to make under Section 1917 of the
Practice Act which provides in regard
to notices and statements on motions
for ne,- trial that the several periods
Of time limited may be enlarged by
the written agreement Ct the parties.
o. upon good cause shown, ~ the
court, or the Judge before whom the
case is tried" and under district court
rule XLIII which directs that mo
judge, except the judge having charge
: Cf the cause or proceeding shah s-iant
further time to plead. move. CT do any
act or thing required to be done n
any cause or proceeding. unless it be
shown b. affidavit that such ja1ge :
absent from the Late. Or fgom SOM
other cause is unable to act"
Rule MI provides: When any
district judge shall have entered upon
the trial or hearing Of any cause IL
proceeding, demurrer or motion, OF
made any ruling, order or decision
therein. no other judge shall do an,
1 I, IN, colo
proceeding, demurrer or motion, un
) less upon "rltten request OF the judge
who shall have first entered upon the
; trial or hearing Of said cause, proceed
; ing demurrer or notion.
Section 25I3 Of the Cen piled laws
passed after section 1877 of the PraC
tice Act as quoted. enacts: The dis
trict Judges of the State OF Neva1;
shall possess equal C0eXtensive an,
concurrent jurisdiction and powe'
They shall each have power TO hOi
= court in any county OF the STATE
They shall each exercise and perfOr1
the powers, duties and functions [
2 the court, and of Judges thereof. an
= of Judges at Chambers. Each judg
. shall have power TO transact bushes
@ which may be done in chambers a
, any point within the State All /
Il this section is subject to the prov
J. sions that each judga m G.rco- an
i control the business il his owl di
= trict, and shall see that it it pronerl
n performed"
We think under the minute Ordt
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 tbe formers absenc
and that Judge Murphy became II
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 Il
order can be made by Judge n
having the business in charge.
Judge Curers absence was presul
ed to continue until his return W
shown and consequently Judge MI