Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-09


Estate of Alexander Twaddle, de-
ceased,
Plaintiffs and Respondents
V.
Theodore Winters, A. c. Winters, L.
w. Winters ard Samuel longa-
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
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 new tri"' ppon
the ground that the statement was
not filed within the time prescribed
by law. The appeal from the judy
until March, 1885,, more than one
year after its rendition on June %,
1909. 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 CT
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 al cases and buiness 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 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. ans within his own first judi
cial district. by an eX parte order
maze without affidavit CT Judge Cuc
Ier's absence or inability, granted the
defendants until September l., 1908
al, Il
serve their notice and statement on
motion for q new trial. Later eXtel-
siOns were made by Judge Curler but
whether the are offectual Gepen Is
upon this order. which respondents
claim Judge Murphy was unauthorized
to make under Section 1871 of the
Practice Act which provides in regard
TO notices and statements on motions
for new trial that the several periods
Of time limited may be enlarged bl
the written agreement Of the parties
, o" upon coed cause shO-,n. b. the
court, or the judge before whom the
case is tried" and under district cour.
rule XLIH which directs that nc
judge, except TIE Judge having charge
Of the cause or proceeding shall 2 ant
further time to plead. move. or 60 any
act or thing required to be done ir
any cause or proceeding, unless it be
shown by affidavit that such Judge i
absent from the ,,Jate, or from som
other cause is unable to act"
Rule XII 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!
act or thing in or about said cause
proceeding. demurrer or motion, III
less upon ,,ritten request Cf the judgs
who shall have first entered upon the
trial or hearing of said cause, proceed
ing demurrer or notion
Section 2513 Of the Compiled laws
passed after section 1917 of the Prac
tice Act as quoted. enacts: The dis
trict judges of the State of Nevada
shall possess equal coeXtensive ans
concurrent jurisdiction and power
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 u
the court. and of Judges thereof. and
Of Judges at Chambers. Each iUdg'
shall have power to transact bushes:
which may be done in Chambers a
any point within the State. All u
this section is subject to the proyi
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 eyten
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 Ct the affidavit show
ing the absence Or inability of Judg
CUrler as the rule requires before tn
I order con be made by 4 Judge nc
having the business in charge
Judge Curer's absence was prcsun