Van Eman v. Superior Court of San Francisco

This is a motion upon previous notice for a peremptory mandate to W. R. Daingerfield, judge *644 of the superior court of San Francisco, commanding him to settle a bill of exceptions. The petitioner was convicted of a felony in the department of the superior court presided over by the respondent, and upon December 12th duly served and filed his notice of appeal from the judgment and order denying his motion for a new trial.

On January 11, 1895, and within due time, defendant’s counsel presented to respondent, in open court, his proposed bill of exceptions. At that time respondent stated that such matters usually came up regularly on the last Saturday of each month, and he thereupon caused it to be placed' upon the calendar for Saturday, the twenty-sixth day of January, for a hearing. Before handing the proposed bill of exceptions to respondent on January 11th counsel for petitioner verbally notified the district attorney that he was about to do so, and requested him to examine the draft as soon as possible in order to expedíate its settlement. Being referred by the district attorney to special counsel for the people, Mr. Deuprey, he also gave him verbal notice that he was about…