93 Cal. 513 | Cal. | 1892
This is a petition for a writ of mandate to compel the defendant to settle a certain bill of exceptions; and it was submitted upon a demurrer to the complaint or petition.
The plaintiff (or petitioner), Sarah M. James, and one Leonora A. James, were hostile contestants in the court of the defendant (or respondent) for letters of administration on the estate of William E. James, deceased. That contest, after a full trial, was decided by the court in favor of said Leonora, and judgment was entered accordingly. The petitioner herein (Sarah) then duly filed her notice of and undertaking on appeal; and afterwards, and within the proper time, prepared and served on said Leonora a draft of a bill of exceptions. The said Leonora duly prepared and served on petitioner certain amendments to said draft; and the draft and amendments were duly presented to said respondent, who designated the
The ground upon which the respondent rests his refusal to settle the bill of exceptions is not tenable. In some respects the statutory law about the payment of reporters’ fees is in an uncertain and unsettled condition. Prior to March 23, 1885, the law upon that subject was contained in section 274 of the Code of Civil.
Whether or not a court might, during the progress of a trial, compel the parties to make a deposit of money, or in some other way secure in advance the paymónt of the reporter for taking notes of the proceedings, or might refuse to order the reporter to do such work without such security, or might by some other means force the parties to secure him before the work should be done, are questions which do not arise in this case. Here the reporter did his work voluntarily, and without demanding security; the trial in which he took the notes terminated, and judgment was entered. After that the
(Respondent moved to strike out certain parts of the petition; but as the case was submitted on demurrer, the motion is of no importance, and is denied.)
Let a peremptory writ of mandate issue as prayed for.
Harrison, J., De Haven, J., Garoutte, J., Paterson, J., and Sharpstein, J., concurred.