Landers

An alternative writ of mandate was issued out of this court, commanding the respondent to settle, *548 allow, and certify a bill of exceptions proposed on behalf of defendants in the above-entitled cause, or show cause before this court why he did not do so. The judge answers, and for cause shows that no proposed bill of exceptions has ever been presented to him for settlement and allowance.

The paper filed here, denominated a petition for the writ, upon examination appears to be an affidavit, with venue laid in the city and county of San Francisco, concluding with a prayer that a writ of mandate be issued, commanding the respondent to certify and allow a certain bill of exceptions, a copy of which is thereto annexed, or show cause before the supreme court of the state of California why he has not done so, etc. It is not entitled, either in its heading, body, or indorsement, or elsewhere, in this or any other court, and is not addressed to this or anj'' other court, nor does it appear out of what court it is desired that the writ shall issue.

Such a paper ought not to have been filed in this court, and it was an inadvertence to have issued any writ or process upon it. It is…