Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-25

Estate OF HieSdHUcT l"dOoiS, ~
/ ceased,
Plaintiffs and Respondents
v.
Theodore Winters, A. c. Winters, L.
w Winters and Samuel Lonea-
/ baugh,,
Defendants and Appellants
From I'd judicial District Court, Wash
: oe County.
Messrs. Cheney and Massey, attorneys
fer 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
I by law The appeal from the jud@-
ment is dismissed because not taken
until March, 1900, more than one
year after its 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 0~der that all business and all
cases and proceedings that have not
been 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 blLiness now
before the court in the absence Of the
judge of this District
Pursuant 10 this request Judge Nu"-
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 preDare additional findings" On
August 81 Judge Murphy at Carson
~, af a" WYNN ~. an ' nar+o or(,a
''s' .;t,,,,+ 2r5';a,-;r - I,,doo Crr-
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t[il,dt3,o, tt,a,. o.. ofrac7,,o1 damon
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oia:1,, TI,,.,, II,,r,,,,, was, ,1oa1t19or;Iad
,loI,, ,1,,9ar cao+;o,, 1o- ~ tho
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o,,,,, a.. ~ i,,l3+,, iofara Whom, +ha
caso l. tr;o,I :. o,G ,,n,a..' district c5,7.,t
MA VIM Which diracte tho+ no
i,,d,,o a.cc,,+ ~, i,,1'r,, 1,o,-s-,,r - az
~ l...,,s., -. ..,9.,...,,.l;,,e ~l,1, 49,
f,,rthor Tina a. Mood ,,,o,o or 10 an.-
,c+ 49,. +L;n,r rncut~ad ro ~, 1n,., +,
an,- causa a., nr,,,ao.1i7o rnIass i he
shawn IN, aRioyi, 4ha+ s1Ic, 57,tco g..
. absent from the .-,2ra ny rrf1n son, .
o+hnr causo IS unabIn m act
Ruia XII nrovidac. "W-hen anv
district iuGro eha7I ba,o. ontnrc9 ,,1on
the trial or hearino nf any carsp .-r
nrocnndiro demurrer ~, r,of;n,, ar
made any rnliro order rr 1acisin,
therein n, otbar iudon shau do an.
, art mr. tbing in or ohout .aia canuo
. nroceadinn der,u,re,, Nv, ,not,on M.
! lass nno,- ,ritrn,, ,,orroct # tha fno1o
. who eba1I have fret entered nnon the
j trial or hearing of said causo 1~0caa7.
d inc demurrer, ar n,otion {.
Gaor;nn 35,2 If tho ,-omni,nd Iavs
nassaI afrar section 1917 of the prac-
tice Act a. orotad enacts. The dis
triot iudgas of the State Of Nevada
shall nnssnss eoual coexte1siyp AMI
,crc,,,r.,,1 iurfsdic+ion ond ncv-o.,
w. c1orI 1,ob ,,,-o ,,oTror 70 hold
49,. =; oo-,,,,. - 49, sat,