In re Gates

In the action of Brusie v. Gates et al., a trial was had in the county of Stanislaus, wherein, at the close of the plaintiff’s case, a judgment of nonsuit was rendered. Thereafter, the plaintiff prepared the draft of a bill of exceptions, to which the defendant proposed certain amendments. Upon the presentation of the proposed bill and amendments to the judge for settlement, certain amendments were disallowed, and the bill was settled and allowed February 16,1891. The defendant has presented to this court his petition, setting forth the foregoing facts, together with the amendments that had been prepared by him and disallowed, and the *258 reason why, in his judgment, they should have been allowed, and praying “that he be allowed to prove the truth of the matters set forth in his application, and the materiality of the said amendments.”

The amendments which the defendant sought to have incorporated into the bill consist chiefly of exceptions taken on his behalf to the rulings of the court, either in excluding evidence offered by himself, or in admitting evidence offered on behalf of the plaintiff, and which, in his petition, he avers “should be allowed,-and made part of said bill…