City of Sprague v. Meagher

Citations

• 32 Wash. 62
• 72 P. 708
• 1903 Wash. LEXIS 375

Syllabus

<p>APPEAL-STATEMENT OE FACTS-LACK OF CERTIFICATION-DENIAL OF AMENDMENT.</p> <p>Where a purported statement of facts on appeal is not certified by the trial judge, and the record fails to show that it had ever been settled, or application made therefor, or notice of the time and place of settlement given to respondent, the statement will not be returned to the trial judge for certification, but will be stricken from the files.</p> <p>SAME-STRIKING STATEMENT OF FACTS-AFFIRMANCE OF JUDGMENT.</p> <p>Where the statement of facts on appeal has been stricken, and there are no assignments of error in appellant’s brief, other than those based upon the evidence and proceedings at the trial, the respondent is entitled to an affirmance of the judgment on dismissal of the appeal.</p>