Coffey v. Grand Council

Citations

• 87 Cal. 367
• 25 P. 547
• 1891 Cal. LEXIS 986

Syllabus

<p>Mandamus — Settlement of Exceptions — Laches. — Mandamus will not lie to compel the judge to settle a bill of exceptions or statement when the counsel for the moving party Jailed to appear at the time fixed for the settlement, and thereafter withdrew the draught and amendments from the control of the judge, and held them for a month before presenting them again for settlement, without excuse for the delay.</p> <p>Id. ■— Inadvertence. —The fact that the failure to appear at the hour fixed for the settlement of the statement was through inadvertence cannot be considered in the supreme court upon application for a mandamus to compel the settlement. The only power to relieve from the inadvertence is in the court below, and not in the supreme court.</p> <p>Id.— Service of Petition and Writ — Dismissal of Proceeding.—The failure to serve a copy of the petition and writ upon the opposite paity, as required by rule 28 of the supreme court, is ground for dismissing the petition for the writ of mandate, if no offer is made to comply with the rule.</p>