Miller v. American Central Insurance

Appeal from an order dismissing a motion for a new trial and refusing to settle a bill of exceptions. The action was tried by a jury, and a verdict rendered in favor of the plaintiff, January 27, 1902. February 6th, the defendant filed and served a notice of its intention to move for a new trial. The times for preparing and serving a bill of exceptions and amendments thereto having been extended, the proposed bill and amendments were settled by the judge before whom the cause was tried, and on June 18th delivered to the defendant’s attorney with a direction that the bill be engrossed within ten days from that date. The bill was thereupon engrossed, and on June 24th the defendant’s attorney, being informed that the judge was absent from San Francisco, and would return in the course of ten days or two weeks, left the engrossed bill with a deputy clerk in the county clerk’s office. The judge returned to San Francisco July 8th, and was again absent from the city between that date and August 5th, at different times, aggregating fifteen days; but from August 5th to October 28th, when notice of the motion to dismiss the motion for a new trial was given, he was continuously in San…