HIGHT v. McCOY

HIGHT v. McCOY. Mandamus; Courts; Bill of Exceptions. While this court has the power by mandamus to compel a trial justice to consider a bill of exceptions, it cannot compel him to sign a bill which has been tendered, but which in his opinion is not in conformity with the rules of this court. Under such circumstances his act is one of judicial discretion which this court canno't control. Original No. 475. Submitted March 26, 1917. Decided March 31, 1917. Petition for the writ of mandamus to compel a justice of the Supreme Court of the. District of Columbia to sign a proposed bill of exceptions. Rule to show cause denied and petition dismissed. Mr. Dan Thew Wright and Mr. T. M. Wampler for the petitioner. Mr. D. W. O’Donoghue for the respondent. [MAJORITY — Per Curiam:] Per Curiam: This is an application for a writ of mandamus to Mr. Justice McCoy, of the supreme court of the District of Columbia, to compel him to sign, allow, and make part of the record a proposed bill of exceptions for and on behalf of the said C. B. Hight. It appears that the bill of exceptions, as it is entitled, was submitted to Justice McCoy after the final decree had been rendered in the case, and that he refused to sign it because in his opinion it was not -prepared in accordance with the rules of this court relating to statements of evidence in equity causes.. This court has no power to compel a trial justice to do anything more than consider a bill of exceptions. It cannot compel him to sign a bill which has been tendered which, in his opinion, is not in conformity with the rules. It is an act of judicial discretion which this court cannot control. It is considered, therefore, that it is unnecessary to issue a rule in this ease, and that the petition he dismissed, with costs.