Stewart

Mandamus to compel settlement of a bill of exceptions.

Petitioner filed an action for a divorce in the superior court for San Diego county, against Elmore Stewart, who answered the complaint and filed a cross-complaint for divorce against petitioner. Respondent, as judge of said court, tried the cause, and on June 4, 1908, rendered judgment in favor of the defendant on his cross-complaint. Notice of decision was served June 5,1908, and on June 13, 1908, petitioner gave notice of her intention to move for a new trial. An order extending time was made by respondent at the request of peti tioner’s attorney on June 15, 1908, wherein it was recited that good cause had been shown to the court why “time should be granted to plaintiff and cross-defendant, in which to file her bill of exceptions in the above-entitled action, in support of her appeal to the district court of appeal of the state of California, second district,” and ordered “that the time ... in which to prepare, serve and file her proposed bill of exceptions in the above-entitled action, in support of her appeal to the District Court of Appeal of the State of California, Second District, be and the same is hereby extended…