Sansome v. Myers

Citations

• 80 Cal. 483
• 22 P. 212
• 1889 Cal. LEXIS 942

Syllabus

<p>Bill of Exceptions — Settlement—Mandamus.—Mandamus will lie to compel a superior judge to settle a bill of exceptions which he has improperly refused to settle; and he is not justified in refusing to settle it because it is inaccurate, untrue in many respects, meager, and partial, and a defective skeleton of the testimony and evidence. It is the duty of the judge to settle the bill of exceptions, though he may require it to be corrected, if incorrect, before signing it; but he has no right to refuse to settle it in the first instance because of its imperfections. The judge may require the party to make and present a proper statement, if it is incomplete.</p>