East Side Canal & Irragation Co. v. Superior Court

Application for writ of mandate to compel the settlement of a bill of exceptions by the judge of the superior court of Merced County, said bill of exceptions to be used on an appeal from an order of said court denying the motion of petitioner to tax the costs on appeal in the action entitled Thomas G. Tuner, as Administrator, etc., et al., Plaintiffs, v. East Side Canal & Irrigation Company, Defendant.

It appears from the petition that in the trial of said action judgment passed for defendant and plaintiffs appealed. The judgment was reversed by the supreme court and remittitur was filed with the clerk of said superior court on July 31, 1914. It is alleged in the petition that appellant in said appeal served upon petitioner a memorandum of costs on October (?) 24, 1914, “and filed the same with the clerk of said court on the 26th day of August, 1914,” a copy of which said memorandum is made part of the petition as Exhibit “A”; that, on August 27, 1914, petitioner served upon plaintiffs in said action and, on August 28, 1914, filed with the said court a motion and notice of motion to tax costs on said appeal, a copy of which is made part of the petition attached to Exhibit “A,”…