Flagg

This is an original proceeding in this court for a writ of mandamas to compel the respondent to settle and certify a bill of exceptions. The petition was demurred to on various grounds. The demurrer was sustained solely on the ground that more than sixty days had elapsed since the order was made, and the petition does not show that an appeal had been taken. All other objections were expressly overruled, and leave was given to amend in order that the defect might be supplied, if the facts would warrant it.

An amended petition was filed, from which it appears that an appeal' to this court was perfected eight days after the order dissolving the attachment was made.

*584 The amended petition is now demurred to on the ground of insufficient statement of facts, and two points are made:

The original proposed bill of exceptions here was signed by the attorneys, and opposing counsel were notified that it was proposed as a bill of exceptions, and the judge certifies that he was asked to settle and certify it, and that he refused simply because it was not in time. Besides the bill as amended is the bill which respondent is now asked to settle.

I think the demurrer should be…