Chapin v. City of Port Angeles

Citations

• 31 Wash. 535
• 72 P. 117
• 1903 Wash. LEXIS 664

Syllabus

<p>APPEAL-DISMISSAL-GROUNDS-FAILURE TO FILE TRANSCRIPT PRIOR TO SERVING BRIEF.</p> <p>Failure to file transcript before service of appellant’s brief, as required by Laws 1901, p. 29, § 2, is not ground for dismissal, nor for the imposition of term’s, where the transcript was supplied the same day the motion to dismiss was served, and one week before it was filed in the supreme court.</p> <p>SAME-DEPRIVING RESPONDENT OF OPPORTUNITY TO SEE TRANSCRIPT.</p> <p>The action of appellant in causing the transcript on appeal to be forwarded to the supreme court on the same day his brief is filed is not ground for dismissal, inasmuch as timely application by respondent would secure a return of the transcript for use in preparation of his answering brief.</p> <p>SAME-EXTENSION OF TIME FOR FILING BRIEFS-PRESUMPTIONS.</p> <p>An order of the lower court extending the time for filing briefs will be presumed not to be an abuse of discretion when the order recites that good cause was shown and there is nothing clearly showing the contrary.</p> <p>MANDAMUS —' ALTERNATIVE WRIT-INSUFFICIENCY OF ALLEGATIONS.</p> <p>An alternative writ of mandate to compel a municipal corporation to issue a warrant .upon a judgment against it is demurrable for want of facts, when it fails to allege that the judgment was satisfied by petitioner and a certified copy thereof presented to the city, as required by Bal. Code, § 5676.</p> <p>SAME.</p> <p>A petition for an alternative writ of mandate which refers to an affidavit filed ■ in support of a prior writ that had been quashed is insufficient, where some of the necessary elements showing the right to the writ are omitted from the petition but are contained in such affidavit, and the affidavit is not served with the amended petition. (State ex rel. King v. Trimbell, 12 Wash. 440, distinguished.)</p> <p>SAME-ISSUANCE OF WARRANTS AGAINST PARTICULAR FUND.</p> <p>An alternative writ of mandate does not state facts sufficient when it recites that petitioner is