Derr

An application was made to the supreme court for a writ of mandate commanding respondent, as judge of the superior court of Sacramento County, “to settle and certify the bill of exceptions in the said case of John O. Derr, plaintiff, vs. Charles F. Silva, defendant, tried in the Superior Court and now pending on appeal in this Court, or that said judge show cause before this Honorable Court on a day to be fixed therefor, why he has not settled and certified said bill of exceptions as by law provided. ’ ’ An alternative writ was issued by the supreme court and made returnable before this court, and upon the day set for hearing respondent appeared and filed a demurrer and an answer. The demurrer was overruled and evidence was received upon the issues made by the pleadings, and the matter has been submitted for decision. Many of the material allegations of the petition were denied by respondent either positively or upon information and belief. Upon some of the issues, it may be said, that the evidence submitted herein is conflicting and upon others the petitioner has failed to sustain his position. It will not be necessary to notice these in detail, but we may say that the…