Visher

Petitioner asks for a writ of mandate to compel the respondent, as judge of the superior court of San Joaquin County, to settle a bill of exceptions in the case of Johnson v. Visher. That action was tried in said superior court before the Hon. J. Gr. Swinnerton, judge of said court, and judgment was rendered therein in favor of the plaintiff, March 20,1889. The petitioner, who was the defendant in said action, having within due time thereafter prepared a draft of a bill of exceptions, and no amendments having been proposed thereto, appeared before said judge for the purpose of settling the same, on the 22d of June, when the attorney for the plaintiff moved to strike out the bill for the reason that it was a “ skeleton bill,” and not a bill of exceptions. This motion was denied, but the defendant was allowed three days “ in which to prepare and serve a bill of exceptions.” No further extension of time was granted, either by order or stipulation, nor did the defendant prepare or serve any bill of exceptions in accordance with this order, until December 26, 1889. In the mean time, however, the defendant’s attorney prepared “ amendments ” to the original bill, and presented them with…