Sistrunk v. Pendleton

1. In passing upon an application for mandamus to compel a judge to certify a bill of exceptions which is presented in proper form, this court will not look into the merits of any assignment of error therein, made; but mandamus will not lie to compel the trial judge to sign and certify a bill which is so defective in form as to necessitate a dismissal of the writ of error in case it should be certified and brought to this court.

2. It appearing that persons who are essential parties to a bill of exceptions sued out in this case are neither named nor designated as such in the bill presented,…