Estate of Depeaux

Motion to dismiss tbe appeal. Tbe appellant was appointed special administratrix of the above estate *523 December 12, 1895, and on December 14, 1896, tbe superior court made an order revoking ber letters of special administration. December 23, 1896, she appealed to this court from this order, and thereafter served upon the respondents a proposed bill of exceptions, to which amendments were proposed by them. She, declining to accept the proposed amendments, took steps for the purpose of procuring a settlement of the bill. Judge Logan, before whom the proceedings were had, and who was the judge of the superior court at the time the order appealed from was made, went out of office on the first day of January, 1897, and was succeeded by Judge Smith. Judge Logan refused to settle the bill, and Judge Smith held himself to be disqualified from acting in the matter, and, on the 9th of February, 1897, so informed the appellant’s attorney, and suggested that he make some application to this court in the matter. Nothing further was done by the appellant in reference to procuring a settlement otf the bill, and on August 17th the respondents gave notice of the present motion to dismiss the…