Poe

This is an appeal from an order of the superior court of the county of Imperial refusing to vacate a previous order of the same court dismissing defendant’s proposed bill of exceptions. The bill of exceptions was prepared by the defendant, served upon plaintiff, and filed and presented to the judge on the twentieth day of October, 1919.

Defendant, appellant herein, claims that no amendment or amendments to this proposed bill of exceptions were ever served upon him by plaintiff, and that, therefore, he had performed all the acts required of him by law for the settlement of his bill of exceptions. He insists that it was the duty of the court to proceed with the settlement of the bill without any further action on his part, and that the court had no authority to dismiss the same. Plaintiff, on the other hand, claims that, by stipulations given to him by defendant, his time within which to prepare amendments to defendant’s proposed bill of exceptions had been extended to January 10, 1920, and that within said time certain proposed amendments were prepared by him and served upon the defendant, and that no action to have said bill of exceptions settled by the court was thereafter taken…