Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-22
| IN THE SUPREME COURT OF THE
STATE OF NEVADA

I'm oC"C S0Oni Vt
STATE OF NEVADA.
Ebenezer TwaddIe and Ebenezer
Twaddle as Special Admr., of the
Estate of Alexander Twaddle, de-
ceased,
.,~ ---.. Plaintiffs ana Respondents
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
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 a new trial, upon
/ Tie SIOullQ lHdl Tie StdtCilICul was
not filed within the time prescribed
by law The appeal from the judg-
ment is dismissed because not taken
until March. 1905, more than one
year after its rendition on June %,
1908. 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
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 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 ali 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, 1908, 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 prenare additional findings. On
August Sd Judge Murphy at Carson
City, and within his own first judi
cial district, by an ex parte order
l. Of Of Ju5on Cn--
ler's absence or inability, granted the
defendants until September Is. 1908,
within which to prepare. file and
serve their notice and statement IN
motion for new trial Later eXten-
sions We're made by Judge Curler. but
whether they are offectual depenis
upon this order which respondents
claim Judge Murphy was unauthorized
to make under Section 1877 Of the
Practice Act which provides in regard
20 notices and statements on motions
fG~ new trial that The several periods
Of time limited may be enlarge ~
the written agreement Il tie parties,
O.. upon good cause SHOWN BY tie
court, or the Judge before whom the
case is tried, and under district court
rule NLuI which directs that no
Judge, except the 5IcSa raE'2G "1ar2f
81 the cause q proceeding shall = 81
further time to plead. move, or DO any
2c1 or thing required 70 be done -
any cause OF proceeding, unless II ne
shown by aih0aVlt lAat such u go =
absent from The Jlato. Gr fem som
other cause is unable 70 act
kuie Nil provides: When any
dlStrlct Judge shalI have entered upon
the tflal or nearing O any cause y
proceeding, demurrer or mCtoh, 81
made any ruling, order or declSlDa
therein, no other Judge shail dc any
act or thing IN or about SAID cause
proceeding. demurrer CT motion, VI
less upon ~EitttA request Ct the Judss
VINO shall have hrst entered upon the
trial or hearing OF said cause, proceed
Ing demurrer or mo'loh.
Section 1913 Ct the tom"fed Jaws
passed after section l9' CT the PraC
tlCe Act as quoted, enaCtS. The dis