Clark-Harris Co. v. Douthitt

Citations

• 5 Wash. 96
• 31 P. 422
• 1892 Wash. LEXIS 11

Syllabus

<p>APPEAL — DISMISSAL — REINSTATEMENT OE APPEAL.</p> <p>Where an appellant has full notice, through the brief and oral argument of respondent upon a motion to dismiss an appeal, of the insufficiency of the certificate of a statement of facts, but fails to suggest that the certificate does not correspond with the facts in the case and ask for relief against the action of the court below, he cannot, after a judgment of dismissal, have the cause reinstated for the purpose of withdrawing the transcript in order to have the judge’s certificate, amended to correspond with the facts.</p> <p>Where an appellant has a petition for rehearing pending by which he seeks to reverse the action of the appellate court in dismissing his appeal, he cannot be heard upon a motion to reinstate the cause.</p>