Jordan
Smith v. Jordan
Opinion
Unanimous Opinion
Chipman, J.
This is an appeal from an order dissolving plaintiff’s writ of attachment. The order was made and entered February 18, 1897. The proposed bill of exceptions, by which the appeal comes here, was served on defendant’s attorneys March 10, 1897, and was not presented to the judge or filed with the clerk until March 2M, at which time it was presented to the judge for settlement, no judgment having been rendered in the action. Defendant objected to the settlement on the ground that it was not prepared, proposed, served, or presented to the court or counsel within the time allowed by law. The court, however, settled the bill, and defendant now renews the objection, which he may do. (Gumpel v. Castagnetto, 97 Cal. 15 .)
It was said by this court in Flagg v. Puterbaugh, 98 Cal. 134 , that where the case falls under section 649 of the Code of Civil *69 Procedure (as this case seems to do), the bill of exceptions should be allowed and settled within a reasonable time, “and that the analogy furnished by sections 650 and 651 of the Code of Civil Procedure should determine what is a reasonable time.” Section •650 requires the party within ten days after entry of judgment, ■et cetera, to…