James

This is a petition for a writ of mandate to compel the defendant to settle a certain bill of exceptions; and it was submitted upon a demurrer to the complaint or petition.

The plaintiff (or petitioner), Sarah M. James, and one Leonora A. James, were hostile contestants in the court of the defendant (or respondent) for letters of administration on the estate of William E. James, deceased. That contest, after a full trial, was decided by the court in favor of said Leonora, and judgment was entered accordingly. The petitioner herein (Sarah) then duly filed her notice of and undertaking on appeal; and afterwards, and within the proper time, prepared and served on said Leonora a draft of a bill of exceptions. The said Leonora duly prepared and served on petitioner certain amendments to said draft; and the draft and amendments were duly presented to said respondent, who designated the *514 twenty-seventh day of October, 1891, at ten o’clock, A. m., as the time when he would settle said bill. At that time the parties appeared, and the settlement was begun and proceeded with until the twenty-ninth day of said month, at which time a large part of said bill had been settled. But on last…