People ex rel. Wright v. Judge of Superior Court

Although there was great delay in settling the bill of exceptions, it appears to have been from the inaction of the judge and not from the fault of the *727party. The case therefore cannot be distinguished from other cases before decided, where parties have been deprived of their exceptions by circumstances beyond their control. The death of Judge Cochrane without acting upon the exceptions, made a new trial a matter of right.

Mandamus granted.