Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-27
IN THE SUPREME COURT OF THE
STATE OF NEVADA.

!WdCCle IS opSSidt f%ufIts, " tttS
Estate of Alexander Twaddle, de-
ceased,
Plaintiffs and Respondents
v.
Theodore Winters, A. c. Winters, L.
W. Winters and Samuel Tonga
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.
DECISION
The respondents have moved to dis
miss the appeal from the judgment
because it was not taken within one
wear. 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
wear after its rendition on June 70.
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
bppn completed or in the process OF
completion. and all new business that
NAV 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'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, 1903, when recess was TAX
en- until 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 Cd Judge Murphy at Carson
City. and within his own first judi
cal district. by an eX parte ord ar
made without affidavit Of Judge Gu:
-. ler's absence or inability, granted tie
defendants until September IS, 1908
, within which to prepare, file and
+bnir notice and statement
motion for new trial. Later eXteh-
sions were made by Judge Curler, bu
) whether they are affectual dement's
J upon this order. which respondents
q claim Judge Murphy vas unauthorized
to make under Section 1917 of the
O Practice Act which provides in regarC
to notices and statements on motions
! for new trial that the several period!
Of time limited may be entargef b'
the written agreement Of the parties
Or upon gCCi cause shown. by tnt
court. or the judge before whom tn
case is tried,' and under district cour
l. rule NLIH which directs that nj
Judge, except the judge having "l.ar5'
of the cause or proceeding shall 9 ar
further time to plead. move. or DO an.
. act or thing REQUIRED to be done il
any cause or proceeding, unless It b
shown by affidavit that such Judge +
absent from the lac, or fem son.
y other cause is unable TO act
Rule Nil provides: "When an,
- district judge shall have entered upO
the trial or hearing CT any cause "
proceeding, demurrer Or motion, 0
made any ruling, order or decision
therein no other judge shall do an
~ act or thing in or about said caus'
f, proceeding, demurrer or motion, u,
i less upon ,ritten request Of the judg
- who shall have first entered upon tt
- trial or hearing OF said cause, prOcee
~ Ing demurrer or notion
Section 1913 of the Compiled law
passed after section 1917 of the Pra'
tice Act as quoted. enacts: The di
5. trict judges OF the State of Neyal
shall possess equal coeXtensive an
concurrent jurisdiction and powe
They shall each have power to hol
+ court III any county OF the Stat
-, They shall each exercise and perfOr
the powers. duties ana functions
le the court and of Judges thereof. an
q of Judges at Chambers. Each juds
shall have power to transact buslne
Il when may De gone III CHAMBERS
la any point within the State. All
il this section is subject to the prov
81 siCns that each judge 10 direcf al
NJ control the business in LIS OWL d
re. trict. and shall see that it it proper
- performed"
We think under the minute ord
and circumstances related, the pow
inherent in Judge Curler to eXte1
the time Of fling the notice and sta
ment became conferred upon Jud
Murphy during tne formers absen'
ana that Judge Murphy became I
Judge in charge, endowed with the c
thority to grant the extension Withc
the presentation Of the affidavit shO
ing the absence or inability Of Jud
Curler, as the rule requires before t
order can be made by a Judge I
having the business in charge.
Judge Curers absence was presu
} ed to continue until his return "