Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-11
IN THE SUPREME COURT OF THE
STATE OF NEVADA

SlAI6 Of N6vAOA.
Ebenezer Twaddle end Ebenezer
TwaddIe as Special Admir-, Of the
Estate of Alexander Twaddle, de-
ceased,
Plaintiffs and Respondents
v.
Theodore Winters, A. c. Winters, L.
w. Winters and 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 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 70.
1899. On that day Judge Curler OF
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 OF
completion, and all new business that
may be brought before the court dur
ing the absence of the presiding judge.
be referred to Judge M. 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"-
phv occupied the bench IN Reno until
July 81, 1908, when recess was TAX
en- until a further order of the court,
There was no other session until
On July 18th, Judge Murphy, in open
court in Reno, made an order allow
ing plaintiff until August 18th n
which to file objection to findings,
and prepare additional findings. On
August Sd Judge Murphy at Carson
City, and within his own first judi
cial district, by an ex parte ordor
made without affidavit of Judge Cur
ler's absence or inability, granted the
! defendants until September IS, 1908,
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 affectual depends
upon this order. which respondents
claim Judge Murphy vas unauthorized
to make under Section 1877 Of the
Practice Act which provides in regard
to notices and statements on motions
fer new trial that the several periods
OF time limited may be enlarged by
the written agreement Of the parties,
or upon good cause shown. by 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
Of the cause or proceeding shall grant
further time to plead, move. or do any
act or thing required to be done in
any cause or proceeding, unless it be
shown by affidavit that such Judge i;
absent from the 5tate or from som J
other cause is unable to act
Rule Mi provides: When any
iCtr ind On
the trial or hearing of any cause or
proceeding, demurrer or motion, or
made any railing, order or decision
therein, no other judge shall do any
act or thing in or about said cause,
proceeding, demurrer CT motion, un-
! less upon written request Of the judge
who shall have first entered upon the
trial or hearing of said cause, proceed
/ ing demurrer or notion
Section 2573 of the Compiled laws
passed after section 1877 of the Prac-
tice Act as quoted. enacts: THE dis
trict judges of the State Of Nevada
! shall possess equal coeXtensive and
concurrent Jurisdiction and powe'.
They shall each have power to hOld
. court in any county of the State
IupN SUdli each eNtItlSc anu DSi iol IL
the powets, duties and functions OF
the court, nd of Judges thereof. and
of Judges 1t Charlbers. Each judge
shall have ! swer to transact business
which ma, be done in chambers al
any point within the State. All OF
this sectiar S subject to the provi
sions that es ch juGge may direct anf
control IT, business in his own dis
trict, an shall see that it it properly
performed"
We Lhinll under the minute order
and circumstances related, the power
inherent in Judge Curler to extenc
the time of fling the notice and state
ment became conferred upon judge
Murphy duriEg the formers absence
and that Judge Murphy became th'
Judge in charge, endowed with the al
thOrity to grant the extension WlthOu
the presentation Of the affidavit show
ing the absence Or inability of Judg
Curler, as the rule requires before tn
order can be made by a Judge no