Collins v. Christian

Citations

• 92 Va. 731
• 24 S.E. 472
• 1896 Va. LEXIS 36

Syllabus

<p>1. Mandamus to Sign Bill op Exceptions&emdash;Jurisdiction of Court of Appeals&emdash;Issue of Fact.&emdash;The Court of Appeals has power, by mandamus, to compel a judge of an inferior court to sign a proper bill of exceptions. If, on application for a mandamus to compel a judge to sign a bill of exceptions, he answers that he refused to sign the bill because it did not state the truth of the case, and the relator traverses this answer, an issue of fact is presented, to be determined upon the evidence, whether the bill did correctly set forth the truth of the case. Under the facts of the case at bar, the mandamus was awarded to compel the judge of the inferior court to sign one of the bills tendered him, after making a slight alteration therein, but not the other, winch was allowed to remain as already settled and signed by him.</p>