In re Gates

In the action of Brusie v. Gates et al., a trial was had in the county of Stanislaus, wherein, at the close of the plaintiff’s case, a judgment of nonsuit was rendered. Thereafter, the plaintiff prepared the draft of a bill of exceptions, to which the defendant proposed certain amendments. Upon the presentation of the proposed bill and amendments to the judge for settlement, certain amendments were disallowed, and the bill was settled and allowed February 16,1891. The defendant has presented to this court his petition, setting forth the foregoing facts, together with the amendments that had…