Leach

This is an application for a writ of mandate to compel the respondent to settle a bill of exceptions.

The petitioner alleges that the administrator of the estate of Henry Burton, deceased, filed a petition in the superior court on September 6, 1889, praying for an order for the sale of a portion of the estate of said decedent; that petitioner in due time filed written objections to the granting of said petition; that the issues were tried without a jury by Judge Aitken, who, on the third day of January, filed findings of fact and conclusions of law, and entered a judgment thereon granting the petition of the administrator; that no notice of the decision or entry of the judgment was ever given to the petitioner, but on March 2, 1891, she appealed from the judgment to the supreme court, and the appeal is still pending; that on January 12,1891, petitioner served upon the administrator a notice of intention in due form to move.for a new trial; that the court granted the petitioner twenty days from January 21st in which to prepare and serve affidavits and a bill of exceptions to be *626 used on the motion for a new trial; that the proposed hill was served on February 10, 1891; that in…