Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1906-03-08
u n
IN THE SUPREME COURT OF THE
STATE OF NEVADA.

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
for Plaintiffs.
Alfred Chsrtz, 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 Epon
the ground that the statement 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 %,
1903. On that day Judge Curler CT
the Second Judicial District court
who he'd 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 or
completion, and all new business tha-
? he OI:T+ r.
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 bu mess now
before the court in the absence OF the
Judge of this district"
Pursuant 10 this request Judge Mu"-
ply occupied the bench ii Reno until
July 81. 1903. when recess was TAX
en- until a further order of the court
There was nc other session until
Judge Curriers' retdrn 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. Or
August 80 Judge Murphy at Carson
CITY. and within his own first judi
cial district. by an eX parte order
mace without affidavit Cf Judge Cur
ler's absence or inability. granted tae
defendants until September Is. 1903,
within which to prepare. file and
serve their notice and statement On
motion for a new trial. Later eXteh-
sions were made by Judge Curler. but
whether they are 9@ectUal depends
upon this order. which respondents
, claim Judge Murphy was unauthorized
to make under Section 1917 of the
Practice Act which provides in regard
to notices and statements or motions
for new trial that The several periods
Of time limited may be enlarged BY
the written agreement Ct the parties,
o. upon good cause shown y" J'a
court, or the Judge before whom the
case is tried and under district court
rule XLTU which directs that mo
judge, eEcep. tie jude having large
Of the cause CT proceeding snail 8 an
further time to plead. move, or DO any
; aCr or thing required 10 he done IN
any cause or proceeding, unless It be
/. shown by affidavit thai such j. GO :
absent from the sac, or from SON
other cause is unable 10 act"
Rule XII provides: "When any
&, district judge shall have entered upon
the trial or hearing CT any cause II
proceeding, demurrer or motion. 81
7 made any ruling. order or decision
therein. no other judge shall DO any
=, act or thing in or about said cause
4. proceeding. demurrer CT motion, w
. less upon tritten request Of the judg@
who shall have first entered upon the
> trial or hearing OF said cause, proceed
:, ing demurrer or motion
Section 2513 Of the Cor-riled 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 c0GXteGsive an
concurrent jurisdiction and power
-. They shall each have power to hOl'
court in any county Of the State
/ They shall each exercise and perfCr,l
p the powers. duties and functions u
+ the court. and Of Judges thereof. and
8 Of Judges at Chambers. Each iudg'
g shall have power to transact business
which may be done III chambers a
II any point within the State. II L
j. this section is Subject 10 the prov
1 oIOLS iIldJ edtn JutS3 may tltCCL ''
F.. control the business in his OWL ois
e trict, and shall see that it it prOperI
performed
We think under the minute orle
and circumstances related, the pHwe
inherent in Judge Cnrler to eXtcn
the time Of filing 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 withor
the presentation OF the affidavit show
ing the absence Or inability Of Judg
CrrIo", as the rule requires before tn
order con be made by Judge NJ
having the business in charge.
Judge Curer's absence was presun
ed to continue until his return wa
shown and consequently Ivf &c MU