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

light of reason as applied to the or
binary rules of practice, and give due
weight to the later section. Appar-
| emily the object Of this legislation was
to prevent the granting of extensions
and the meddling of judges in cases
which they had not tried or which
were not properly under their control.
and yet in the case Of the absence or
inability of the Judge who tried the
action, to grant relief, or allow ex-
tensions to be made to deserving liti-
gants.
The argument advanced comedies
that if Judge Murphy had gene to
Reno and entered the order in open
court it would have been good, but I'M
der this contention if he had stepped
through the door into the chambers
and made it, it would have been void.
Orders extending the time for filings
are business usually, or properly
transacted in chambers and under
Section 2573 can and ought to be
made as effectually in any part of the
State by the judge having the case in
charge, as if made by him in cham
bers or in open court. Judge Murphy
was merely acting for Judge Curler
during his vacation, but by analogy
the construction claimed, if adopted,
would, in every case where a district
Judge dies, resigns or is succeeded,
invalidate the orders extending time
under section 1877 made out of court
by his successor in Office, although
they are of that character ordinarily
granted in CHAMBERS. This would
mean a distinction and two rules for
filing orders of the same kind,
and that the judge who had tried the
cause as Judge Curler had done in
this instance, could make the order in
chambers, while his successor could
SO make it only in the cases tried by
him, and would have to be in court
to make these simple orders extend
ing time in actions which had been
previously tried by another Judge.
Appellants desired and were entitl-
ed to the time granted for the puc-
pose of enabling them to secure from
the court reporter who had left the
State, transcript of the testimony
given on the trial. which would ena-
BILE them to properly prepare the state
men:.
Under Section 2573 Judge Curler
could have made an order granting
them the extension at any place in
the State, and as during MS absence
Judge Murphy was requested by the
Court minutes to attend to all bust
ness for him, we conclude that he was
empowered to make the order at Cai
son City as he did, and as Judge Cur
Ter could have done, and that it wa;
not necessary for him to make the triI
to Reno and undergo the fOrmality oi
opening court to enter ex parte orders
simply extending time, such as are
usually made out of court.
The motion to dismiss the appea
from the order overruling the motion
for rev trial and to strike out tn;
statement is denied.
ON THE MEATS
This action was brought by AleXan
der Twaddle in his life time and b'
Ebenezer Twaddle, as co-Owners, 10
$50 miners inches running under 81,
inch pressure of the waters of Ophi
Creek. alleged to have been appror
rated by their grantors in the yea
1855 by means Of dams. bitches an
a fiume. for the irrigation Of theil
ranch containing 203.92 acres !
Washoe county The answer denia:
the allegation of the complaint SET
up the ownership by the Defendant
Winters. Of a tract of land obut on:
mile wide and two miles long, and al
leges apprOpia -.Cns by them or the-'
grantors aggregating 600 inches flow
ing under a four inch pressure, by th'
year 1861, which are stated to be priC1
to any diversion Of the water by the
plaintiffs. and asserts a claim for 12
PENDANT. Longabaugh, to $50 niche
for fluming wood. lumber and ice fro"
large tracts of timber lands owned b
him. and for domestic use and irr
eating garden on forty acres at Ophi1
Witnesses appeared to sustain. aat
others to dispute plaintiffs right a
, initiated half century ago and th
same is true regarding the claims {
these defendants. The record afford
a glimpse of pioneer history at pc
jod previous &c ~ cim-4e or Ct ~
= State into the Union, and portray
the building and decay OF saw an
quartz mills and the rise and decliI
of towns by the banks of the streall
the waters of which are here in Etig;
. ton One witness testified that tn
Hawkins ditch, now known as the u.
per Twaddle ditch, was completed l
1857, and that he turned the wat
, into it that year. Others stated thu
, water was running in the ditch an
/ tiume about that time. and that thes
{ were APPARENTLY in the same place an
= Of about the same capacity as I
present.
On behalf of the defendant othe
witnesses testified that they wer
over the ground and saw no ditc
. and that none existed there durin
. those earlier years. 1t is unnecessar
for us to detail the conflicting portion
of the evidence. These were careful
fully considered by the district cou;-
AID Tor the reasons stated in its dec
; sioI, enforced By statements in deed
made many years before any contro
.. ersy arose. the finding that this ditto
was constructed and {. prior appro
ration of water made through it
. 1857 finds ample support. Al first g
. the Twaddle ranch land was plowe
: ! for ONLY garden 2nG = email nipoo :