Landers v. Lawler

Citations

• 84 Cal. 547
• 24 P. 307
• 1890 Cal. LEXIS 839

Syllabus

<p>Mandamus — Insufficient Petition — Settlement of Bill of Exceptions. — A petition for a writ of mandate to compel the settlement of a bill of exceptions, in the form of an affidavit, not purporting to he made hy or for a party in interest, and without any title of the court or cause, and not showing out of what court it is desired that the writ issue, is wholly insufficient, and ought not to he filed in this court, and cannot justify the issuance of a writ of mandate thereon.</p> <p>Id. — Draught of Bill of Exceptions — Authentication ■— Request for Allowance. •—A draught of a bill of exceptions must he authenticated by the signature or indorsement of the attorney presenting it, or of the party, if he appears in person; and should contain a request of the party presenting it for the allowance of the bill, that it may he made matter of record that such request was made; and unless such draught shows that it is one prepared and presented by a party to the cause, it need not be noticed as a paper upon which the judge or.any of the counsel in the cause are called upon to act.</p>