Leach

The petitioner alleges that on the thirteenth day of November, 1890, in the superior court of the county of San Diego, in the matter of the estate of Henry S. Burton, deceased, Jim S. Callen, an attorney, in representing Elizabeth Cochrane and Bichard Lull by appointment of the court, asked the court to allow him three thousand dollars fees in said matter as necessary expenses of administration; that on January 3d Judge Aitken allowed Callen two thousand five hundred dollars, and directed the administrator to pay the same out of the funds of the estate, and upon distribution to be charged to the interest of Elizabeth Cochrane and Bichard Lull; that no notice of the entry of the order was ever given to petitioner; that on February 10th petitioner served her bill of exceptions, to which no objections or amendments were ever served by Callen; that in due time petitioner delivered the proposed bill to Judge Aitken; that at the time set for the settlement of the bill by the judge, namely, April 11, 1891, said judge refused to settle the bill. The petitioner then proceeds to allege matters similar to those contained in her petition filed in Leach v. Pierce, ante, p. 614, relating *629…