Flagg
Flagg v. Puterbaugh
Opinion
Lead Opinion
Beatty, J.
— This is a proceeding by mandamus to compel the respondent to settle and certify a bill of exceptions to an order dissolving a writ of attachment. Despondent demurs generally to the petition for want of facts. From the petition it appears that the order dissolving the attachment was made October 4, 1892. Afterwards, on the same day, the cause in which the attachment had been issued was tried by the court and taken under advisement. On October 7th judgment was directed for the plaintiff, and on October 13th findings were filed and judgment entered. On October 8th petitioner (plaintiff in the attachment suit) served a draught of his proposed bill of exceptions on the defendant’s attorneys, and on the 19th gave notice that he would on the 24th of October present the bill to the respondent for settlement. Ou the 24th the bill was accordingly presented, but the respondent took no action in the matter until November 4th, when he granted leave to the petitioner to amend said bill, giving him until November 9th to file and serve his amended bill, and allowing the defendants ten days thereafter to interpose objections or propose additional amendments. On November 7th the petitioner served…