Higgins

This is an original application to this court for a writ of mandate requiring the respondent Judge of the Superior Court to settle and allow the plaintiff’s proposed bill of exceptions. The petition alleges that the plaintiff was a duly appointed and acting trustee in bankruptcy of the Old Mission Kopper Kraft, Inc.; that on August 4, 1925, he commenced an action in the Superior Court of the City and County of San Francisco against two defendants who were regularly served with process and failed to appear therein, and that on November 19, 1925, the default of both of said defendants was duly entered; that thereafter said defendants moved the Superior Court to set aside said default and that on January 8, 1926, said motion was granted and said defendants were given leave to answer plaintiff’s complaint; that notice of said order was not given to the plaintiff until March 2, 1926, and that immediately thereafter plaintiff excepted to said order and prepared his proposed bill of exceptions thereto; that said proposed bill was served upon the said defendants within the time prescribed by law and duly presented to the judge of said court for settlement; that no amendments were proposed…