Gallardo v. Atl. & Pac. Tel. Co.

By the Court, Rhodes, J.:

This is an application to this Court, under Section 652 of the Code, to settle a bill of exceptions, which, it is alleged, the Judge of the Court below refused to settle. The section provides that, “if the Judge in any case refuse to *511allow an exception in accordance with the facts, the party desiring the bill settled may apply, by petition, to the Supreme Court to prove the same.” It is not the purpose of the section to require this Court to discharge the duties of the Judge of the Court below, but only to provide a mode for the settlement of a bill, in case the Judge…