Fulton v. Methow Trading Co.

Citations

• 45 Wash. 136
• 88 P. 117
• 1906 Wash. LEXIS 937

Syllabus

<p>Drains — Eminent Domain — Petition-—Description. In condemnation for an irrigation ditch, the quantity of land required is sufficiently stated in the petition when the route is definitely described and the dimensions of the ditch stated.</p> <p>Appeal — Review—Error Not Affecting Appellant. Upon appeal in condemnation proceedings, error cannot be urged relative to the service upon defendants who have not appealed, or in not calling a jury to determine the damages to the defaulting defendants.</p> <p>Appeal — Preservation of Grounds — Exceptions. An order striking exceptions to findings is proper where the record sustains its recitals that the exceptions were not filed within five days after service-of a copy.</p> <p>Appeal — Record—Statement of Facts — Extension of Time. The refusal to grant an extension of time for the filing of a. statement of facts will not be held an abuse of discretion where no sufficient reason had been shown for the extension, a change of attorneys or the fact of their nonresidence not being sufficient. .</p> <p>Eminent Domain — Proceedings—Parties. It is not error to refuse to dismiss a condemnation proceeding as to one party upon its appearing that he was not interested in any of the lands in his own right, where he came into the action on his own initiative alleging that he owned a portion of the lands.</p> <p>Eminent Domain — Decree—Payment of Award. Objection to a decree in condemnation proceedings in that it failed to fix the time within which the petitioner shall pay the award is immaterial where, by a supplemental transcript, it appears that the award has been paid into court.</p>