F. Chevalier & Co. v. Wilson

Citations

• 30 Wash. 227
• 70 P. 487
• 1902 Wash. LEXIS 674

Syllabus

<p>APPEAL-AFFIDAVITS-REVIEW.</p> <p>On appeal from an order overruling a motion to vacate a judgment, affidavits in support thereof will not be considered, when not incorporated in the record by bill of exceptions or statement of facts.</p> <p>SAME —- INCLUSION IN RECORD BY DIRECT REFERENCE IN ORDER OF COURT.</p> <p>The fact that the order of the court in overruling a motion to vacate a judgment recites that the court has examined the affidavits and briefs furnished by the respective parties and duly considered the same, is not a sufficient identification of affidavits submitted for consideration on appeal, nor does it appear from such recital that the affidavits brought up were all the affidavits presented to the lower court and upon which it based its decision. (State v. Vance. 29 Wash. 435 distinguished).</p>