Leach v. Aitken
California Supreme Court
Application to the Supreme Court for a writ of mandate. The facts are stated in the opinion of the court.
1Opinion of the CourtSharpstein, J.
Application for a writ of mandate to issue out of this court, commanding respondent to settle a bill of exceptions.
The only question to be considered is, whether respondent, who was the judge before whom an action was tried, can be compelled, after his term of office has expired, to settle a bill of exceptions in such action.
The code authorizes him to “ settle and sign a bill of exceptions after as well as before he ceases to be such judge or judicial officer.” (Code Civ. Proc., sec. 653.)
A writ of mandate may be issued to compel the performance of an act which the law specially enjoins as a…
2Cases cited1 opinion
- State ex rel. Carpenter v. Supervisors of BeloitWisconsin Supreme Court · 1866
3Cited by8 opinions
- State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905
- Miller & Lux v. Enterprise Canal & Land Co.California Supreme Court · 1904
- Leach v. PierceCalifornia Supreme Court · 1892
- Montana Ore Purchasing Co. v. LindsayMontana Supreme Court · 1901
- Estate of DepeauxCalifornia Supreme Court · 1897
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