Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-02

AHrN6s NJ ~ vfASSfNs--
Ebenezer TwaddIe and Ebenezer
TwaddIe rs Special Admir-, Of the
Estate Of Alexander TwaddIe, de-
ceased,
Plaintiffs and Respondents
v.
Theodore Winters, A. c. Winters, L.
w. Winters and Samuel Lorga-
baugh,,
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. 81 49,
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 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 judy
ment is dismissed because not taken
until March, 1905, more than one
year after it's rendition on June %.
1903 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 that 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 % 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 iness 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 talk
en- until a further order of the court.
There was no other session until
Judge Curriers' return on August nth.
On July 18th, Judge Murphy. in oo"n
court in Reno, made an order allow
ing plaintiff until August 18th IN
which to file objection to findings.
and preDare 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 Cur
lers absence or inability, granted tee
defendants until September Is. 1903,
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 vas unauthoriz cd
to make under Section 1877 of the
Practice Act which provides in regard
to notices and statements on motions
for new trial that the Savera! periods
OF time limited may be enlarged bv
the written agreement OF the parties,
Or upon good cause shO--n b. I've
court. or the Judge before whom the
case is tried. and under district court
rule XLIII which directs that no
judge, except the Judge having charge
+ Of the cause or proceeding shall 8 ant
further time to plead. move. or do any
acJ or thing required TO be done IN
any cause or proceeding. unless it be
shown by affidavit that such iuige i.
absent from the SCate, or from som
other cause is unable to act
Rule XII provides: When any
district Judge shall have entered upon
the trial or hearing CT any cause Il
proceeding, demurrer or motion, Of
made any ruling, order or decision
therein, no other judge shall do an.
act or thing in or about said cause
proceeding. demurrer CT motion, un
less upon .ritten request Of the judge
who shall have first entered upon the
trial or hearing of said cause, proceed
ing demurrer or notion
Section 1913 of the Compiled laws
passed after section 1877 of the Prac
tice Act as quoted, enacts: The dis
trict judges of the State of Nevala
shall possess equal coeXtcnsive anl
concurrent jurisdiction and pCwer
They shall each have power to hOl'
court in any county of the State
They shall each exercise and perform
the powers. duties and functions .
the court, and of Judges thereof. ana
of Judges at Chambers. Each judge
shall have power to transact business
which may be done il chambers a
any point within the State. All D
this section is subject to the provi
sions that each judge may direct an
control the business in his own dis
trict, and shall see that it it properl!
performed"
We think under the minute Crde
and circumstances related, the poWe
inherent in Judge Curler to extern
the time Of fling the notice and state
ment became conferred upon Judg
Murphy during the formers absence
and that Judge Murphy became tn
Judge in charge. endowed with the al
thority to grant the extension withou
. the presentation Of the affidavit show
ing the absence or inability of Judg
Curler, as the rule requires before tn
order con be made by 4 Judge nc
having the buSinpSS in charge