Hyde

— The appellants ask to have struck out of the printed transcript filed herein a portion of the bill of exceptions that had been settled and certified by the judge of the superior court, prior to the filing of the transcript, upon the ground “ that no part of the said matter was read, referred to, or submitted to the court below upon the hearing of the motion upon which the *591 order appealed from was made and entered”; and have presented certain affidavits in support of their motion, and of the grounds upon which it is made.

We think that the subject-matter of this motion was substantially passed upon by this court in its refusal to grant the petition of the appellants “ to prove an exception in this case” (Hyde v. Boyle, 86 Cal. 352 ); and that the reasons then given for refusing their petition are applicable to the present motion.

The statute provides that a bill of exceptions shall be settled by the judge who heard or tried the cause, and, except in the single instance in which the judge “ refuses to allo-w an exception in accordance with the facts ” (Code Civ. Proc., sec. 652), has provided no other mode of settling the bill, and has made no provision whatever for any…