Nichols v. Smith

Petitioner applies for a writ of mandate for the purpose of compelling the respondent superior court to settle a proposed bill of exceptions served and filed by petitioner. The defendants in said action thereupon, after proper notice thereof, moved respondent court to strike said proposed bill of exceptions from its files, upon the numerous grounds set forth in the motion. The motion to strike coming on regularly to be heard, was granted by respondent court and the judge thereof.

It is the law that a motion and order to strike a proposed bill of exceptions will lie in a proper case. (Dainty…