Thornton v. Hoge

Citations

• 84 Cal. 231
• 23 P. 1112
• 1890 Cal. LEXIS 795

Syllabus

<p>Mandamus — Settlement of Bill of Exceptions — Answer to Alternative Writ. — When, in answer to an alternative writ of mandate requiring a superior judge to show cause why he neglects and refuses to settle a hill of exceptions, the judge denies that he has refused to settle the bill, and alleges that he has settled, certified, and filed a correct hill of exceptions, the writ has accomplished the purpose for which it was issued, and will be discharged.</p> <p>Id. — Correctness of Settled Bill — Reference. — The correctness of the settled bill of exceptions cannot he tested in the mandamus proceeding; and this court will not order a reference in order that evidence may be taken on that issue.</p>