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Tibbets v. Riverside Banking Co.

Supreme Court of California
Feb 4, 1893
97 Cal. 258 (Cal. 1893)

Summary

In Tibbets v. Riverside Banking Co., 97 Cal. 258, it is said the petitioner presented for settlement "quite a lengthy statement on motion for a new trial to the judge of the superior court, and that he refused to sign it, or any other bill of exceptions.

Summary of this case from City of Santa Ana v. Ballard

Opinion

         Appeal from superior court, San Bernardino county; John L. Campbell, Judge.

         Petition to the Supreme Court to sign and seal a bill of exceptions.

         COUNSEL:

         L. C. Tibbets, in pro. per ., and A. B. Paris, for Petitioners.

          H. C. Hibbard, for Respondents.


         JUDGES: In Bank.

         OPINION

         THE COURT

         The plaintiffs have filed a petition here purporting to be made under section 652 of the Code of Civil Procedure.

         Petitioners say that they prepared a statement of the case and bill of exceptions, served it on counsel for defendants, and presented it to the judge of the superior court for settlement; "that said judge refused to sign said bill of exceptions, and still refuses to sign said bill, or any bill, according to the facts of the case." Therefore they pray "that this court may sign and seal said bill of exceptions, as provided for under section 652 of the Code of Civil Procedure." Petitioners have mistaken [32 P. 175] the provisions of said section. That section only provides that where, upon the settlement of a bill of exceptions or statement, the judge refuses to allow an exception, the party may petition this court to prove said exception. But in this case petitioners merely show that they presented quite a lengthy statement on motion for new trial to the judge of the superior court, and that he refused to sign it, or any other bill of exceptions. In such case, the judge can be compelled by mandamus to settle the bill or statement; but this court has not the power, nor is it its duty, to take the place of the judge of the lower court and perform the duty of settling the statement.

         The petition is denied.


Summaries of

Tibbets v. Riverside Banking Co.

Supreme Court of California
Feb 4, 1893
97 Cal. 258 (Cal. 1893)

In Tibbets v. Riverside Banking Co., 97 Cal. 258, it is said the petitioner presented for settlement "quite a lengthy statement on motion for a new trial to the judge of the superior court, and that he refused to sign it, or any other bill of exceptions.

Summary of this case from City of Santa Ana v. Ballard
Case details for

Tibbets v. Riverside Banking Co.

Case Details

Full title:L. C. TIBBETS et al., Petitioners, v. THE RIVERSIDE BANKING COMPANY et…

Court:Supreme Court of California

Date published: Feb 4, 1893

Citations

97 Cal. 258 (Cal. 1893)
32 P. 174

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